High Court of Gujarat

GANPATBHAI BHURABHAI PATELversusSTATE OF GUJARAT

Disposal: DISPOSED AS INFRUCTUOUS
Bench: N S SANJAY GOWDAL ODEDRA

Holding

The petition is dismissed for default due to the petitioner's failure to appear.

Summary

The petitioners, represented by Mr. Kamlesh S. Kotai, failed to appear before the Gujarat High Court despite multiple adjournments. The respondents, including Mr. Utkarsh Sharma (AGP), Ms. Roopal R. Patel, and others, were present and ready to proceed. The court noted the petitioners' non‑appearance and, in accordance with procedural rules, dismissed the petition for default. No substantive merits of the case were addressed. The order also discharged the rule filed by the respondents. Consequently, the petition was dismissed without hearing on the merits.

Issues considered

What is the appropriate procedural consequence when a petitioner fails to appear before the court despite being given an opportunity?

Subjects

default judgmentcivil procedurenon‑appearancedismissalhigh court order

Judgment

        C/SCA/15250/2015                                 ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 15250 of 2015
                              With
           R/SPECIAL CIVIL APPLICATION NO. 1137 of 2016
                              With
          R/SPECIAL CIVIL APPLICATION NO. 15082 of 2015
                              With
          R/SPECIAL CIVIL APPLICATION NO. 15153 of 2015
                              With
          R/SPECIAL CIVIL APPLICATION NO. 15675 of 2015

==========================================================
                  BAROT CHIRAGBHAI GAJENDRABHAI
                              Versus
                  THE STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
MR KAMLESH S KOTAI(6150) for the Petitioner(s) No. 1
MR. UTKARSH SHARMA, AGP for the Respondent(s) No. 1
MS ROOPAL R PATEL(1360) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2
==========================================================

 CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
        and
        HONOURABLE MR.JUSTICE V.P. PATEL

                           Date : 16/10/2019

                            ORAL ORDER

        (PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)


     On 30.10.2018, the court has passed the following order:
           “Shri Kotai, learned advocate for the petitioner is not
     present. Ms. Roopal Patel, learned advocate is present for
     respondent no.2 and Mr. Raxit Dholakia, learned advocate for the
     respondent no.2 in SCA No. 15082 of 2015 is present. However, in
     order to afford an opportunity, matters are kept on 27th November
     2018.”

     Today, none is present for the petitioners. Learned Advocate Ms.


                               Page 1 of 2
            C/SCA/15250/2015                                   ORDER



          Roopal R. Patel and learned Advocate Mr.Nikhilesh J. Shah are
          present for the Respondents.


          The matters are dismissed for default. Rule is discharged.



                                                     (S.R.BRAHMBHATT, J)




                                                             (V. P. PATEL,J)
J.N. W.




                                    Page 2 of 2

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