High Court of Gujarat

DIGVIJAY CEMENT PVT LTDversusAMROCK LOGISTICS & TRADING PVT LTD

Disposal: 39-RULE DISCHARGED/DISMISSED @ FH
Bench: ILESH VORAR T VACHHANI

Holding

The appeal was dismissed for default under Order 41 Rule 17 of the Civil Procedure Code.

Summary

Digvijay Cement Pvt Ltd filed a first appeal (No. 3112 of 2011) against Amrock Logistics & Trading Pvt Ltd in the Gujarat High Court. The appellant failed to appear before the Court despite being represented by counsel. The Court held that the appellant's non‑appearance amounted to a default. Accordingly, the appeal was dismissed under Order 41 Rule 17 of the Civil Procedure Code. However, the Court reserved liberty for the appellant to seek readmission of the appeal under Order 41 Rule 19. The appeal was thus disposed of by dismissal with a provision for possible reinstatement.

Issues considered

Whether an appeal can be dismissed for the appellant's default under Order 41 Rule 17 of the CPC
Whether liberty can be granted for readmission of a dismissed appeal under Order 41 Rule 19 of the CPC

Legislation cited

Code of Civil Procedure, 1908s. Order 41 Rule 17, s. Order 41 Rule 19

Subjects

appealdefaultCivil Procedure CodeOrder 41readmissiondismissal

Judgment

           C/FA/3112/2011                                                                   ORDER DATED: 20/07/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                           R/FIRST APPEAL NO. 3112 of 2011
 ==========================================================
                                 DIGVIJAY CEMENT PVT LTD
                                           Versus
                             AMROCK LOGISTICS & TRADING PVT LTD
 ==========================================================
 Appearance:
 MR AR GUPTA(1262) for the Appellant(s) No. 1
 MR MM TIRMIZI(1117) for the Defendant(s) No. 1
 ==========================================================

      CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
            and
            HONOURABLE MR. JUSTICE R. T. VACHHANI

                                                     Date : 20/07/2026

                                    ORAL ORDER
                     (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


 1.         Since long, no one has appeared for and on behalf of the appellant
             herein. In that view of the matter, it appears that the appellant is
             not interested to pursue this appeal.
 2.         In such circumstances, this appeal is required to be dismissed for
             appellant’s default, under Order 41 Rule 17 of the Civil Procedure
             Code.
 3.         Accordingly, the appeal is dismissed under Order 41 Rule 17 of the
             Civil Procedure Code. However, liberty is reserved for readmission
             of the appeal under Order 41 Rule 19 of the Civil Procedure Code.
             The captioned appeal is disposed of accordingly.


                                                                                                      (ILESH J. VORA,J)



                                                                                                   (R. T. VACHHANI, J)
 MVP
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/07/2026 16:52:09




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