High Court of Gujarat

UNION OF INDIAversusPRATAP STEELS ROLLING MILLS LTD

Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: ILESH VORAR T VACHHANI

Holding

The appeal is dismissed for default under Order 41 Rule 17 of the Civil Procedure Code.

Summary

The Union of India filed a first appeal (No.3151 of 2010) against Pratap Steels Rolling Mills Ltd. The appellants failed to appear before the High Court of Gujarat. The court noted the absence of counsel for the appellants and referred to its earlier order dated 20‑01‑2026. Relying on Order 41 Rule 17 of the Civil Procedure Code, the judges held that the appeal could be dismissed for default. Consequently, the appeal was dismissed. No substantive merits of the dispute were addressed.

Issues considered

Whether an appeal may be dismissed for default due to non‑appearance of the appellant’s counsel under Order 41 Rule 17 of the CPC?

Legislation cited

Code of Civil Procedure, 1908s. Order 41 Rule 17

Subjects

appealdefault dismissalcivil procedureorder 41 rule 17non‑appearancehigh court

Judgment

       C/FA/3151/2010                                                    ORDER DATED: 13/08/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/FIRST APPEAL NO. 3151 of 2010

==========================================================
                           UNION OF INDIA & ANR.
                                  Versus
                   PRATAP STEELS ROLLING MILLS LTD & ORS.
==========================================================
Appearance:
VIRAL K SHAH(5210) for the Appellant(s) No. 1,2
MR PR NANAVATI(508) for the Defendant(s) No. 3
MR RITURAJ M MEENA(3224) for the Defendant(s) No. 1
NOTICE SERVED for the Defendant(s) No. 2
==========================================================

  CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
        and
        HONOURABLE MR. JUSTICE R. T. VACHHANI

                                         Date : 13/08/2026

                        ORAL ORDER
 (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. Since long, no one is appearing for and on behalf of the appellants
     herein. We have also perused the order dated 20.01.2026, passed by
     the Additional Registrar (Judicial).

2. In such circumstances, we have reason to believe that the appellants
     are not interested in pursuing the appeal and thus, by exercising our
     powers under Order 41 Rule 17 of the Civil Procedure Code, the
     appeal is require to be dismissed for appellants’ default. Accordingly,
     the appeal stands dismissed.

                                                                                (ILESH J. VORA,J)




                                                                              (R. T. VACHHANI, J)
TAUSIF SAIYED

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: TAUSIFAHMED SAIYED(HC01401), PRIVATE SECRETARY, at High Court of Gujarat on 17/08/2026 15:54:29



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