High Court of Gujarat

SOMENDU CHAKRABORTY CEO OF SELVAS AND DAMAN BRANCH OF M/S KATARIYA AUTOMOBILES PVT. LTD. VALSADversusBHAVESHBHI HAKABHAI VANIYA

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The application for leave to appeal was dismissed for want of prosecution.

Summary

Somendu Chakraborty, CEO of Selvas and Daman branch of Katariya Automobiles Pvt. Ltd., filed a criminal miscellaneous application seeking leave to appeal against a decision involving Bhaveshbhai Hakabhai Vaniya and another. The court issued a second call for the parties to appear, but none were present and no request for adjournment was made. Consequently, the judge dismissed the application for want of prosecution. The dismissal means the appeal was not entertained. No substantive merits of the underlying dispute were addressed.

Issues considered

Whether the leave to appeal application should be entertained despite the absence of parties.

Subjects

criminal procedureleave to appealwant of prosecutiondismissal

Judgment

          R/CR.MA/21180/2024                                                                  ORDER DATED: 08/01/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 21180
                               of 2024

                                    In F/CRIMINAL APPEAL/39959/2024

   ==========================================================
     SOMENDU CHAKRABORTY CEO OF SELVAS AND DAMAN BRANCH OF
            M/S KATARIYA AUTOMOBILES PVT. LTD. VALSAD
                             Versus
                BHAVESHBHI HAKABHAI VANIYA & ANR.
   ==========================================================
   Appearance:
   MR.D K.PUJ(3836) for the Applicant(s) No. 1
   MR ADIL R MIRZA(2488) for the Respondent(s) No. 1
   MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 2
   ==========================================================

      CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                     Date : 08/01/2026

                                                        ORAL ORDER


                          None present even in the second call nor any

   request for adjournment is made.

                          In view of the same, this matter is dismissed for

   want of prosecution.


                                                                                          (SANJEEV J.THAKER,J)
   SRILATHA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/01/2026 17:46:52




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