HASMUKHBHAI KACHRABHAI MALIversusEXECUTIVE ENGINEER (O AND M)

     C/MCA/2499/2025                                ORDER DATED: 02/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 2499 of 2025
                       In R/FIRST APPEAL/1691/2007

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                    HASMUKHBHAI KACHRABHAI MALI
                                Versus
                  EXECUTIVE ENGINEER (O AND M) & ORS.
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Appearance:
NAMAN H KINKHABWALA(8831) for the Applicant(s) No. 1
MR PM LAKHANI(1326) for the Opponent(s) No. 2
MS RV ACHARYA(1124) for the Opponent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                            Date : 02/03/2026

                              ORAL ORDER


1.    The present application is              led by the applicant for
restoration of First Appeal No. 1691/2007 which came to be
dismissed for non-appearance of learned counsel for the original
appellant.


2.    It appears from the record that on 05.07.2007, the matter
came to be admitted and when the matter came up for                           nal
hearing, on several occasions, the learned advocate engaged by
the applicant did not remain present and, therefore, this Court
vide order dated 31.07.2025 had issued notice to the applicant
to either remain personally present or make an alternative
arrangement on the next date of hearing.                The matter was
pending since 2007 i.e. almost 18 years and even on earlier
occasion, the absence of the concerned advocate was recorded
on 09.10.2024 and, therefore, after considering these facts, this


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         C/MCA/2499/2025                                                   ORDER DATED: 02/03/2026




  Court had issued a notice vide order dated 31.07.2025.
  Thereafter, lastly the matter was listed on 26.09.2025 whereby
  though notice was served, the applicant chose not to remain
  present and, therefore, this Court passed an order dismissing the
    rst appeal for want of prosecution. The reason stated in the
  application at para 3 is that the applicant had tried to contact the
  advocate on record but he could not nd the concerned advocate
  and hence, he tried contacting the brie ng lawyer but even he
  could not reach the concerned advocate and, therefore, the
  applicant approached a new advocate and had requested him to
  appear on his behalf but unfortunately, in the meantime, this
  Court had passed an order on 26.09.2025 dismissing the appeal.
  In the said paragraph, the applicant has failed to state whom he
  had contacted, the date on which he consulted the new advocate
  for the purpose of appearing on behalf of the applicant in the
  proceedings and why he did not remain present before this
  Court. All these facts were not mentioned in the paragraph and
  mere contentions were raised in the application and, therefore,
  this application is nothing but an eyewash.


  3.       Considering the averments and explanation given in para-3
  of the application and after hearing the learned counsel for the
  respective parties, this Court is of the opinion that the
  application deserves to be dismissed. Hence, the present
  application is hereby dismissed.



                                                                (HEMANT M. PRACHCHHAK,J)
  ANUSRI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 03/03/2026 16:49:42




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