High Court of Gujarat
SHIPRA OCEAN TRADE PVT LTDversusGREEN GOLD TIMBER PVT LTD
- Decided
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
Holding
The appeal is dismissed under Order 41 Rule 17, but readmission is permitted under Order 41 Rule 19.
Summary
The High Court of Gujarat heard a first appeal filed by Shipra Ocean Trade Pvt Ltd against Green Gold Timber Pvt Ltd. The appellant's counsel was unable to provide information regarding the status of the appellant company when questioned by the bench. In the absence of such instruction, the Court exercised its powers under Order 41 Rule 17 of the Code of Civil Procedure and dismissed the appeal. However, the Court also exercised the discretion conferred by Order 41 Rule 19 and granted the appellant permission to seek readmission of the appeal. No order as to costs was made, and the matter was disposed of on these terms.
Issues considered
- Whether the appeal should be dismissed for the appellant's failure to furnish the status of its company as required by the Court?
- Whether the Court may grant permission for readmission of the appeal under Order 41 Rule 19 despite the dismissal under Rule 17?
Subjects
- Appeal
- Order 41 Rule 17
- Order 41 Rule 19
- Civil Procedure
- Readmission
- Dismissal
Judgment
C/FA/3255/2012 ORDER DATED: 16/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3255 of 2012
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SHIPRA OCEAN TRADE PVT LTD
Versus
GREEN GOLD TIMBER PVT 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
MS MUSKAN A GOGIA(6624) for the Appellant(s) No. 1
MR ASHISH H SHAH(2142) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 16/07/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. We have asked the learned counsel for the appellant about the
status of the appellant company. However, he has no instruction on this
aspect.
2. In such circumstances, by exercising powers under Order 41 Rule
17 of the Code of Civil Procedure, the present appeal stands dismissed.
However, the permission for readmission of the appeal, as provided under
Order 41 Rule 19 has been granted to the appellant.
3. Accordingly, the appeal stands disposed of in the aforesaid terms
and liberty. There shall be no order as to costs.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
P.S. JOSHI
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 17/07/2026 17:12:01
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