High Court of Gujarat

RAJHANS METALS PRIVATE LIMITEDversusUNION OF INDIA

Disposal: 46-ANY OTHER MODE @ FH
Bench: A S SUPEHIAVAIBHAVI D NANAVATI

Holding

The Court held that a notice must be issued to the petitioners, returnable on 25 July 2025, and that the advocate lacking authorization could not appear for them.

Summary

The petitioners, Rajhans Metals Private Limited and another, filed a Special Civil Application before the Gujarat High Court against the Union of India and others. The petitioners were represented by Senior Advocate Mr. Mihir H. Joshi. The respondents were represented by Mr. D.N. Patel and Ms. Amee Yajnik, with Mr. Dhaval Shah attempting to appear for the petitioners without proper authorization. The Court noted the lack of valid authority for Mr. Shah and ordered that a notice be issued to the petitioners, to be returned by 25 July 2025 via Speed Post. The Court also directed Mr. Shah to serve a copy of the petition to the panel advocate of the respondents, noting that Ms. Yajnik is not on the panel. The order was signed by Justice Bhargav D. Karia.

Issues considered

Whether the advocate appearing for the petitioners had valid authorization to do so
Whether a notice should be issued to the petitioners and the procedure for service

Subjects

civil procedurespecial civil applicationadvocate authorizationnoticeGujarat High Court

Judgment

     C/SCA/10689/2002                             ORDER DATED: 11/07/2025




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


             R/SPECIAL CIVIL APPLICATION NO. 10689 of 2002

==========================================================
                 RAJHANS METALS PRIVATE LIMITED & ANR.
                                Versus
                         UNION OF INDIA & ORS.
==========================================================
Appearance:
MR MIHIR H JOSHI(373) for the Petitioner(s) No. 1,2
(MR DN PATEL)(607) for the Respondent(s) No. 1,3
MS AMEE YAJNIK(1006) for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA


                            Date : 11/07/2025
                             ORAL ORDER


1.     The       cause    list      shows       name    of      learned

       advocate Mr. Mihir Joshi appearing for the

       petitioners           who         has     become           Senior

       Advocate.


2.     Learned advocate Mr. Dhaval Shah submitted

       that he has instructions to appear for the

       petitioners           but         he     has       no        valid

       authorization for the same.




                                 Page 1 of 2
          C/SCA/10689/2002                                                              ORDER DATED: 11/07/2025




   3.         In such circumstances, issue Notice upon

              the                   petitioners                                 returnable                               on

              25th July,2025 through Speed Post A.D.



   4.         Learned                 advocate                  Mr.           Dhaval               Shah            also

              undertakes                       to         serve               a        copy             of         this

              petition                  on        the          panel              advocate                  of        the

              respondent as learned advocate Ms. Amee

              Yajnik is not on the panel.



                                                                                     (BHARGAV D. KARIA, J)
   JYOTI V. JANI




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: JYOTIBEN VINODKUMAR JANI(HC00213), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/07/2025 12:22:28




                                                          Page 2 of 2

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "civil procedure"Sign in to search