High Court of Gujarat

M/S. ATUL GLASS WORKSversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The appeal is restored to its original status.

Summary

M/s Atul Glass Works filed a criminal miscellaneous application seeking restoration of a criminal appeal that had been dismissed by the Gujarat High Court on 7 April 2026 because no party appeared when the matter was called and no request for a pass‑over was made. The applicant’s counsel explained the reasons for the non‑appearance in paragraph 5 of the application. The Court examined these reasons and found them satisfactory. Consequently, the Court allowed the application and restored the appeal to its original status. The order was signed by Justice Hemant M. Prachchak on 15 June 2026.

Issues considered

Whether a criminal appeal dismissed for default non‑appearance can be restored on the basis of reasons provided after the dismissal

Subjects

restoration of appealcriminal proceduredefault judgmentpass overHigh Court of Gujarat

Judgment

     R/CR.MA/10847/2026                               ORDER DATED: 15/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 10847 of
                            2026

                          In R/CRIMINAL APPEAL/906/2015

==========================================================
                             M/S. ATUL GLASS WORKS
                                      Versus
                            STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR PARTH D PATEL(9754) for the Applicant(s) No. 1
MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                                 Date : 15/06/2026

                                  ORAL ORDER


1.      The present application is filed seeking restoration of the
caption Criminal Appeal..


2.      This Court by an order dated 07.04.2026, had dismissed
the captioned appeal in view of the fact that none appeared
when the matter was called out nor any request for pass over
was sought.


3.      Learned counsel for the applicant stated the reasons at
para no. 5 of the application for not remaining present.


4.      Having heard learned counsel for the applicant and having
considered the application, sufficient reasons have been
mentioned in the application for not remaining present when the
matter was called out. In view of the same, the present


                                     Page 1 of 2
       R/CR.MA/10847/2026                                                    ORDER DATED: 15/06/2026




 application is allowed. The captioned matter is restored to its
 original status.

                                                                (HEMANT M. PRACHCHHAK,J)
 ANUSRI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 16/06/2026 17:32:59




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