High Court of Gujarat

MAFATLAL MANILAL DALALversusTHE GUJARAT STATE CO OP COTTON FEDERATION LTD

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: C DOSHI

Holding

The appeal was dismissed for default due to the appellant's non‑appearance and the respondents' failure to file the DS affidavit.

Summary

Mafatlal Manilal Dalal filed a first appeal (No. 2875 of 2024) against the Gujarat State Co‑op Cotton Federation Ltd and others. The appellant's counsel, Mr. Suren M. Shah, was absent when the matter was called. The respondents had not filed the required DS affidavit, and the court had set a deadline of 20‑April‑2026 for its filing. The judge noted that if the DS affidavit was not filed by that date, the proceedings would be dismissed for default. Consequently, the court ordered the dismissal of the appeal for default due to the appellant's non‑appearance and the respondents' failure to file the affidavit.

Issues considered

Whether the appeal can proceed in the absence of the appellant's counsel
Whether the failure to file the DS affidavit by the stipulated deadline warrants dismissal for default

Subjects

default judgmentprocedural defaultcivil procedureaffidavit filingcourt dismissal

Judgment

          C/FA/2875/2024                                                           ORDER DATED: 09/03/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                R/FIRST APPEAL NO. 2875 of 2024

 ==========================================================
                      MAFATLAL MANILAL DALAL
                               Versus
       THE GUJARAT STATE CO OP COTTON FEDERATION LTD & ORS.
 ==========================================================
 Appearance:
 MR SUREN M SHAH(1118) for the Appellant(s) No. 1
 DS AFF.NOT FILED (N) for the Respondent No. 1,10,11,12,2,3,4,5,6,7,8,9
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                               Date : 09/03/2026

                                                  ORAL ORDER


           When the matter is called out, learned advocate for the
 appellant is absent.


           Cause list shows that DS a昀昀idavit is not 昀椀led for
 respondents. If the DS a昀昀idavit qua respondents is not 昀椀led
 on or before 20.4.2026, present proceedings shall stand
 dismissed for default without referring the matter to the
 Court. S.O. to 23.4.2026.



                                                                                                 (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 09/03/2026 14:39:24




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