High Court of Gujarat

RAFIQUEBHAI ISMAILBHAI GALARversusPASCHIM GUJARAT VIJ COMPANY LTD

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: ILESH VORAR T VACHHANI

Holding

The appeal was dismissed under Order 41 Rule 17 of the CPC due to the appellant's counsel's non‑appearance.

Summary

The appellants, Rafiquebhai Ismailbhai Galar & ors., filed a first appeal (No. 3604 of 2014) against Paschim Gujarat Vij Company Ltd & anr. The matter was listed as a critical old matter in the Gujarat High Court. When the case was called, the learned advocates for the appellants were not present to assist the Court. The Court noted the procedural lapse and the advanced age of the appeal. Relying on Order 41 Rule 17 of the Code of Civil Procedure, the Court dismissed the appeal for non‑appearance of counsel. The order was pronounced by a bench of Justices Ilesh J. Vora and R. T. Vachhani on 30 July 2026.

Issues considered

Whether an appeal can be dismissed for non‑appearance of the appellant's counsel under Order 41 Rule 17 CPC.

Subjects

appealprocedural defaultOrder 41 Rule 17CPCcritical old mattersnon‑appearance of counsel

Judgment

         C/FA/3604/2014                                                         ORDER DATED: 30/07/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/FIRST APPEAL NO. 3604 of 2014

==========================================================
                     RAFIQUEBHAI ISMAILBHAI GALAR & ORS.
                                    Versus
                   PASCHIM GUJARAT VIJ COMPANY LTD & ANR.
==========================================================
Appearance:
MR EE SAIYED(725) for the Appellant(s) No. 1,2,3
MR SIKANDER SAIYED(3458) for the Appellant(s) No. 1,2,3
MR DIPAK R DAVE(1232) for the Defendant(s) No. 1,2
==========================================================

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

                                            Date : 30/07/2026

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


          When the matter was called out, learned advocate for the
appellant did not remain present to assist the Court. The matter is very
old and has been listed in critical old matters.
          In such circumstances, the appeal stands dismissed under Order
41 Rule 17 of the CPC.


                                                                                         (ILESH J. VORA,J)




                                                                                      (R. T. VACHHANI, J)
Rakesh




   Original copy of this order has been signed by the Hon'ble Judges.
   Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 30/07/2026 16:22:39




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