High Court of Gujarat

M/S. H. NAGINDAS COMPANYversusM/S. ASHWIN KASHIRAM AND COMPANY, A PARTNERSHIP FIRM

Decided: 11 June 2026
Disposal: 40-WITHDRAWN @ FH
Bench: C DOSHI

Holding

The appeal stands disposed of as withdrawn upon acceptance of the appellant’s communication.

Summary

The appellant, M/s. H. Nagindas Company, filed a first appeal (No. 1245 of 2016) before the High Court of Gujarat. The appellant’s counsel submitted a communication indicating the appellant’s desire to withdraw the appeal. The court recorded the communication and considered the request for withdrawal. No substantive issues on the merits of the case were addressed. The court ordered that the appeal stand disposed of as withdrawn and directed the registry to return any records to the lower court. Consequently, the appeal was terminated without a decision on the underlying dispute.

Issues considered

Whether an appellant may withdraw a first appeal after filing it before the High Court

Subjects

appeal withdrawal
civil procedure
high court order
withdrawn appeal

Judgment

           C/FA/1245/2016                                                          ORDER DATED: 11/06/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                 R/FIRST APPEAL NO. 1245 of 2016

  ==========================================================
                    M/S. H. NAGINDAS COMPANY
                               Versus
  M/S. ASHWIN KASHIRAM AND COMPANY, A PARTNERSHIP FIRM & ORS.
  ==========================================================
  Appearance:
  MR. SHALIN J PATEL(14556) for the Appellant(s) No. 1
  MR. KISHAN H DAIYA(6929) for the Defendant(s) No. 1
  RULE SERVED for the Defendant(s) No. 3
  UNSERVED EXPIRED (R) for the Defendant(s) No. 2
  ==========================================================

     CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                Date : 11/06/2026

                                                        ORDER


            Learned advocate for the appellant places on record
  communication received from the appellant permitting him to
  withdraw the First Appeal. Said communication is taken on
  record. Accordingly, present First Appeal stands disposed of
  as withdrawn. Notice discharged.


            Registry is directed to return back the R & P, if any, to
  the concerned Court forthwith.



                                                                                                  (J. C. DOSHI,J)
  SHEKHAR P. BARVE



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 11/06/2026 14:31:34




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