High Court of Gujarat

M/S AGARWAL TRANSPORT ORGANIZATIONversusM/S STERLITE INDUSTRIES (I) LIMITED

Decided: 10 April 2026
Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: C DOSHI

Holding

The appeal is dismissed for non‑prosecution.

Summary

M/S Agarwal Transport Organization filed a first appeal against M/S Sterlite Industries (I) Limited and another party. The appellant's counsel, Mr. Hriday Buch, informed the court that no instructions had been received from the appellant to continue the proceedings. Consequently, the High Court dismissed the appeal for non‑prosecution, while allowing the appellant the liberty to revive the appeal if a difficulty arises. Any interim relief previously granted was vacated, and the case records were ordered to be sent back to the lower court.

Issues considered

Whether the appeal should be dismissed for non‑prosecution due to lack of instructions from the appellant?

Subjects

non-prosecution
appeal dismissal
procedural law
civil procedure
high court order

Judgment

            C/FA/1950/2011                                                           ORDER DATED: 10/04/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                  R/FIRST APPEAL NO. 1950 of 2011

   ==========================================================
                          M/S AGARWAL TRANSPORT ORGANIZATION
                                          Versus
                         M/S STERLITE INDUSTRIES (I) LIMITED & ANR.
   ==========================================================
   Appearance:
   MR HRIDAY BUCH(2372) for the Appellant(s) No. 1
   ADVOCATE NOTICE NOT RECD BACK for the Defendant(s) No. 1
   MR PALAK H THAKKAR(3455) for the Defendant(s) No. 2
   ==========================================================

      CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                 Date : 10/04/2026

                                                         ORDER

              Mr.Jaydev Bhatt, learned advocate for Mr.Hriday Buch,
   learned advocate states that no instruction has been received from
   M/s. Agarwal Transport Organization, the sole appellant to proceed
   further in the said matter.


              In view of the above, the appeal stands dismissed for non-
   prosecution with the liberty to revive an appeal in case of difficulty.
   Interim relief if any granted earlier shall stand vacated. Records
   and Proceeding is ordered to be sent back.



                                                                                                   (J. C. DOSHI,J)
   MISHRA AMIT V.
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 10/04/2026 18:52:53




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