High Court of Gujarat

CHAIRMAN,GUJARAT HOUSING BOARDversusWESTERN BHARAT CONSTRUCTION CO.

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: C DOSHI

Holding

The appeal is dismissed for non‑prosecution due to the appellant's failure to appear.

Summary

The Chairman of Gujarat Housing Board filed a first appeal against Western Bharat Construction Co. The appellant's counsel, Mr. HS Munshaw, failed to appear before the High Court on both scheduled hearings. The respondent's counsel, Mr. Ekant G. Ahuja, was present. The Court noted the appellant's non‑prosecution of the appeal due to the absence of counsel. Consequently, the Court dismissed the appeal for non‑prosecution. No substantive merits of the dispute were addressed.

Issues considered

Whether an appeal may proceed when the appellant's counsel fails to appear for the scheduled hearing

Subjects

appealnon-prosecutioncourt procedureabsence of counseldismissal

Judgment

               C/FA/4336/1997                                                 ORDER DATED: 07/01/2026




                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                  R/FIRST APPEAL NO. 4336 of 1997

        ==========================================================
                         CHAIRMAN,GUJARAT HOUSING BOARD & ANR.
                                        Versus
                           WESTERN BHARAT CONSTRUCTION CO.
        ==========================================================
        Appearance:
        MR HS MUNSHAW(495) for the Appellant(s) No. 1,2
        MR EKANT G AHUJA(5323) for the Defendant(s) No. 1
        ==========================================================

          CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                               Date : 07/01/2026

                                                 ORAL ORDER


                 When the matter was taken up for hearing twice, even in

        the second call, learned advocate for the appellant does not

        remain present before this Court.

                 The present First Appeal stands dismissed for non-

        prosecution.

                                                                                    (D. M. DESAI,J)
        RINKU MALI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RINKU MALI(HC01574), PRIVATE SECRETARY, at High Court of Gujarat on 07/01/2026 14:34:37




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