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High Court of Gujarat

MAHARAJA SALT WORKS CO PVT LTDversusSTATE OF GUJARAT

Decided
Disposal
43-DISMISSED FOR DEFAULT @ FH
Bench
C DOSHI

Holding

The appeal was dismissed for non‑prosecution due to the appellant's failure to appear.

Summary

Maharaja Salt Works Co. Pvt. Ltd filed a first appeal (No. 2449 of 2011) against the State of Gujarat and another party. The appellant's counsel, Mr. MK Vakharia, failed to appear for the hearing despite multiple prior orders dated 18.04.2024, 13.02.2024, and 24.01.2024. On the hearing date of 10 April 2026, no representative of the appellant was present. The Court held that the appeal could not proceed in the absence of prosecution and therefore dismissed it. Consequently, any interim relief previously granted was vacated and the case records were ordered to be sent back.

Issues considered

  • What is the appropriate consequence when an appellant fails to appear for a hearing despite prior notices?

Subjects

  • appeal
  • non‑prosecution
  • procedural default
  • dismissal
  • interim relief
  • court order

Judgment

          C/FA/2449/2011                                                           ORDER DATED: 10/04/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                R/FIRST APPEAL NO. 2449 of 2011

 ==========================================================
                             MAHARAJA SALT WORKS CO PVT LTD
                                         Versus
                                STATE OF GUJARAT & ANR.
 ==========================================================
 Appearance:
 MR MK VAKHARIA(1483) for the Appellant(s) No. 1
 GOVERNMENT PLEADER for the Defendant(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                               Date : 10/04/2026

                                                       ORDER


            The consistent absence of learned advocate for the
 appellant is noted in view of the previous orders dated
 18.04.2024, 13.02.2024 and even on 24.01.2024.


            Today          also when the matter is taken up for hearing,
 none remained present. In view of the same, the appeal stands
 dismissed for non-prosecution. 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 18:50:35




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