GONDAL TALUKA KHARID VEHCHAN SANGH LTDversusKAMAL INDUSTRIES
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed because the compensation amount is below Rs.5 lakh.
Summary
The appellant, Gondal Taluka Kharid Vehchan Sangh Ltd, filed a first appeal against a compensation award of less than Rs.5 lakh. The High Court, after hearing arguments, noted that the amount involved was modest. It held that appeals involving compensation below Rs.5 lakh are not entertained. Consequently, the appeal was dismissed on the ground of smallness of the amount. The court clarified that this dismissal does not constitute a decision on any legal issue and should not be treated as precedent. The registry was directed to return the record and pleadings to the lower court.
Issues considered
- Whether a first appeal involving a compensation amount of less than Rs.5 lakh should be entertained by the High Court
Subjects
Judgment
C/FA/3300/2011 ORDER DATED: 30/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3300 of 2011
==========================================================
GONDAL TALUKA KHARID VEHCHAN SANGH LTD
Versus
KAMAL INDUSTRIES & ORS.
==========================================================
Appearance:
MR PS GOGIA(2751) for the Appellant(s) No. 1
DISMISSED FOR NON PROSECUTION for the Defendant(s) No. 1
MR YOGEN N PANDYA(5766) for the Defendant(s) No. 2.1
MS AMI K PATEL(3152) for the Defendant(s) No. 3
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 30/04/2026
ORDER
In the first appeal, the amount of compensation involved
is below Rs.5 lakh.
Having heard the submissions made at bar and
considering the fact that the amount involved in the subject
matter of present First appeal is on lower side i.e. less than
Rs.5,00,000/-, considering the smallness of the awarded
amount involved in the present appeal, the Court is not
inclined to entertain the present appeal and therefore,
present appeal stands dismissed on account of smallness of
amount. Consequently, CA, if any, does not survive and
stands disposed of accordingly.
However, it is clarified that dismissal of present appeal
shall not be construed that the Court has decided any legal
Page 1 of 2
C/FA/3300/2011 ORDER DATED: 30/04/2026
issue involved in the subject matter of present appeal and
therefore, the decision of present appeal shall not be treated
as precedent for deciding any legal issue.
Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 30/04/2026 15:03:05
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.