GEB (DAKSHIN GUJARAT VIJ COMPANY LIMITED)versusCITIZEN SYNTHETICS THRO' ABIR HAJI ARIF NOORANI
- Disposal
- 43-DISMISSED FOR DEFAULT @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed for non‑prosecution as the respondent cannot be located.
Summary
GEB (Dakshin Gujarat Vij Company Ltd) filed first appeals (Nos. 429 and 430 of 2002) against Citizen Synthetics through Abir Haji Arif Noorani. The court observed that the respondent could not be located and there was a complete non‑existence of the respondent as per the remarks. Consequently, the appeals were dismissed for non‑prosecution, with liberty to revive the proceedings if the respondent's address is later found. The notice issued earlier was discharged and any interim relief previously granted was vacated. The registry was directed to return any records and papers to the concerned court.
Issues considered
- Whether the appeal can be dismissed for non‑prosecution when the respondent cannot be served due to non‑existence?
Subjects
Judgment
C/FA/429/2002 ORDER DATED: 01/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 429 of 2002
With
R/FIRST APPEAL NO. 430 of 2002
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GEB (DAKSHIN GUJARAT VIJ COMPANY LIMITED)
Versus
CITIZEN SYNTHETICS THRO' ABIR HAJI ARIF NOORANI
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Appearance:
MS RV ACHARYA(1124) for the Appellant(s) No. 1
ADVOCATE NOTICE UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/04/2026
ORDER
Since there is complete non-existence of the respondent
as per remarks, present First Appeals are dismissed for non-
prosecution with a liberty to revive the same in case address
of the respondent is found. Notice discharged. Interim relief,
if any, granted earlier stands vacated forthwith.
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 01/04/2026 14:23:39
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