High Court of Gujarat
CHAIRMAN,GUJARAT HOUSING BOARDversusWESTERN BHARAT CONSTRUCTION CO.
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed for non‑prosecution due to the appellant's failure to appear.
Summary
The Chairman of Gujarat Housing Board filed a first appeal against Western Bharat Construction Co. The appellant's counsel, Mr. HS Munshaw, failed to appear before the High Court on both scheduled hearings. The respondent's counsel, Mr. Ekant G. Ahuja, was present. The Court noted the appellant's non‑prosecution of the appeal due to the absence of counsel. Consequently, the Court dismissed the appeal for non‑prosecution. No substantive merits of the dispute were addressed.
Issues considered
- Whether an appeal may proceed when the appellant's counsel fails to appear for the scheduled hearing
Subjects
- appeal
- non-prosecution
- court procedure
- absence of counsel
- dismissal
Judgment
C/FA/4336/1997 ORDER DATED: 07/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4336 of 1997
==========================================================
CHAIRMAN,GUJARAT HOUSING BOARD & ANR.
Versus
WESTERN BHARAT CONSTRUCTION CO.
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1,2
MR EKANT G AHUJA(5323) for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 07/01/2026
ORAL ORDER
When the matter was taken up for hearing twice, even in
the second call, learned advocate for the appellant does not
remain present before this Court.
The present First Appeal stands dismissed for non-
prosecution.
(D. M. DESAI,J)
RINKU MALI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RINKU MALI(HC01574), PRIVATE SECRETARY, at High Court of Gujarat on 07/01/2026 14:34:37
Page 1 of 1
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.