ANWAR NURUDDIN PUNJANI PROPRIETOR OF TOP TOWNversusZHANZHI FASHION (PROP. FIRM)
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The application for restoration of the dismissed criminal appeal is allowed, and the appeal is restored to its original status.
Summary
The applicant, Anwar Nuruddin Punjani, filed a criminal miscellaneous application seeking restoration of his criminal appeal which had been dismissed on 05.05.2026 because he failed to appear when the matter was called and did not request a passover. The High Court had dismissed the appeal on those procedural grounds. The applicant’s counsel, Mr. Asifkhan I. Pathan, submitted reasons for the non‑appearance as detailed in paragraph 4 of the application. The Court examined the reasons and found them sufficient to justify the failure to appear. Consequently, the Court allowed the restoration application and reinstated the appeal to its original status. The order was pronounced by Justice Sanjeev J. Thaker on 02.07.2026.
Issues considered
- Whether a criminal appeal dismissed for non‑appearance can be restored on the basis of sufficient reasons provided thereafter
- Whether the procedural rule requiring presence or a passover request can be relaxed in the interest of justice
Subjects
Judgment
R/CR.MA/12442/2026 ORDER DATED: 02/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 12442 of
2026
In R/CRIMINAL APPEAL/1182/2022
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ANWAR NURUDDIN PUNJANI PROPRIETOR OF TOP TOWN
Versus
ZHANZHI FASHION (PROP. FIRM) & ANR.
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Appearance:
MR ASIFKHAN I PATHAN(2459) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 02/07/2026
ORAL ORDER
1. The present application is filed seeking restoration of
the captioned Criminal Appeal.
2. This Court by an order dated 05.05.2026 had
dismissed the captioned appeal in view of the fact that
none appeared when the matter was called out nor any
request for passover was sought.
3. Learned advocate for the applicant stated the reasons
at para nos.4 of the application for not remaining
present.
4. Having heard learned advocate 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 application is allowed. The captioned
matter is restored to its original status.
(SANJEEV J.THAKER,J)
URIL RANA
Page 1 of 1
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 02/07/2026 15:21:06
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