LAKHUBHAI RAJSIBHAI VAGHELAversusGUJARAT HEAVY CHEMICALS LTD
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed as infructuous because the money decree has already been executed.
Summary
The appellant, Lakhubhai Rajsabhai Vaghela, appealed against Gujarat Heavy Chemicals Ltd after a money decree was executed against him. The respondent argued that the appeal had become infructuous because the executing court had already ordered simple imprisonment for non‑payment of the decretal amount. The appellant's counsel claimed inability to contact the client and could not dispute the respondent's submission. The High Court noted that the decree had been fully executed and no further relief could be granted. Consequently, the Court held that the appeal was infructuous and disposed of the matter without costs.
Issues considered
- Whether an appeal becomes infructuous when the decree sought to be enforced has already been executed and the judgment debtor has been imprisoned for non‑payment.
Subjects
Judgment
C/FA/2091/2012 ORDER DATED: 10/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2091 of 2012
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LAKHUBHAI RAJSIBHAI VAGHELA
Versus
GUJARAT HEAVY CHEMICALS LTD
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Appearance:
MR ANAND B GOGIA(5849) for the Appellant(s) No. 1
MR BB GOGIA(5851) for the Appellant(s) No. 1
MR RB GOGIA(5850) for the Appellant(s) No. 1
M/S TRIVEDI & GUPTA(949) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 10/08/2026
ORDER
1, This Court passed following order on 23.07.2026;
“Learned advocate Mr. Paritosh Gupta appearing for the
respondent submitted that the appeal has become infructuous
in absence of any stay granted by this Court. He further
submitted that the respondent – original plaintiff referred the
execution proceedings to execute the impugned judgment
and decree. As the appellant–judgment debtor failed to pay
the decretal amount, the learned Executing Court ordered
simple imprisonment in execution of the decree, and the
execution proceedings have accordingly been disposed of.
Considering the submissions made by learned advocate Mr.
Paritosh Gupta, and further considering that none appears
for the appellant, issue Notice to the appellant, returnable on
Page 1 of 2
C/FA/2091/2012 ORDER DATED: 10/08/2026
10.08.2026.”
2. Learned advocate, Mr. Gogia, appearing for the
appellant submitted that, though, he tried to contact his
client on more than one occasions, but, he failed. Further,
he could not dispute the proposition canvassed by the
learned Advocate, Mr. Gupta, appearing for opponent No.1
and as recorded by this Court in its order dated 23.07.2026
and as reproduced, herein above.
3. In view of the above, as the money decree is already
executed, nothing remains in this matter. Hence, this
matter stands disposed of, as having become infructuous.
R&P, if any, be sent back to the concerned Court. No order
as to costs.
(J. C. DOSHI,J)
UMESH/-
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 10/08/2026 15:56:49
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