High Court of Gujarat

ANIL STARCH PRODUCTS LIMITEDversusMINERALS AND METALS TRADING CORPORATION OF INDIA

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

Holding

The appeals were dismissed for want of prosecution due to the appellant’s counsel’s repeated non‑appearance.

Summary

The High Court of Gujarat dismissed three first appeals filed by Anil Starch Products Limited against Minerals and Metals Trading Corporation of India and others because the appellant’s counsel was repeatedly absent and appeared uninterested in prosecuting the matters. The court noted that the appellant’s advocate had taken time and failed to appear when the matters were listed. Consequently, the appeals were dismissed for want of prosecution. The registry was directed to return any records and pleadings to the concerned lower court. No substantive merits of the disputes were addressed.

Issues considered

What is the appropriate procedural consequence when an appellant’s counsel repeatedly fails to appear and shows lack of interest in prosecuting an appeal?

Subjects

civil proceduredismissal for want of prosecutionappealcourt order

Judgment

             C/FA/3495/2008                                                          ORDER DATED: 09/04/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                   R/FIRST APPEAL NO. 3495 of 2008

                                               With
                                   R/FIRST APPEAL NO. 3496 of 2008
                                               With
                                   R/FIRST APPEAL NO. 3497 of 2008
    ==========================================================
                    ANIL STARCH PRODUCTS LIMITED
                                Versus
       MINERALS AND METALS TRADING CORPORATION OF INDIA & ORS.
    ==========================================================
    Appearance:
    MR ATUL SHARMA(11174) for the Appellant(s) No. 1
    RULE UNSERVED for the Defendant(s) No. 1,2,3
    ==========================================================

       CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                  Date : 09/04/2026

                                                          ORDER


              The matters are listed on board various times. When the
    matters are called out, learned advocate for the appellant is
    absent.           Earlier also, learned advocate for the appellant has
    taken time. Hence, it appears that learned advocate for the
    appellant is not interested in prosecuting the matters any
    further. Hence, present First Appeals stand dismissed for want
    of prosecution.


              Registry is directed to return back the R & P, if any, to
    the concerned Court forthwith.



                                                                                                    (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 09/04/2026 17:46:21


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