High Court of Gujarat

SOLACE ENGINEERS (MARKETING) PVT. LTD.versusSAJID MUSABHAI VAGHELA

Disposal: 26-DISMISSED @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The petition and the civil application are dismissed for non‑prosecution.

Summary

Solace Engineers (Marketing) Pvt. Ltd. filed a Special Civil Application and a Civil Application for Direction before the Gujarat High Court. The court noted that the advocate notice for the petitioner remained unserved because the company had been closed for a long time, as reported by the bailiff. Consequently, the court found that the proceedings could not continue due to lack of prosecution. The court therefore dismissed both the petition and the civil application. It reserved liberty to revive the proceedings if any difficulty arises in the future.

Issues considered

Whether the petition and the civil application should be dismissed for non‑prosecution due to the unserved advocate notice

Subjects

civil procedurenon-prosecutionadvocate noticedismissal

Judgment

        C/SCA/14889/2022                                                                 ORDER DATED: 13/01/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CIVIL APPLICATION NO. 14889 of 2022
                              With
     CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2022
                               In
       R/SPECIAL CIVIL APPLICATION NO. 14889 of 2022
==========================================
            SOLACE ENGINEERS (MARKETING) PVT. LTD.
                             Versus
                SAJID MUSABHAI VAGHELA & ANR.
==========================================
Appearance:
ADVOCATE NOTICE NOT RECD BACK for the Petitioner(s) No. 1
MR A A ZABUAWALA(6823) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
==========================================

    CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                              Date : 13/01/2026

                                                   ORAL ORDER


           The endorsement on the cause list indicates that the advocate
notice remains unserved, as the company has been closed for a long
time, as per the report submitted by the Baili9. In view of the same,
the petition as well as the civil application shall stand dismissed for
non-prosecution.


           Liberty is reserved to revive the proceedings in case of any
di<culty.

                                                                     (HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/01/2026 14:39:11




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