High Court of Gujarat

PASCHIM GUJARAT VIJ COMPANY LIMITED, THROUGH CHIEF ENGINEERversusLEGAL HEIR OF MAHESH TRIKAMBHAI BHADRA, USHABEN WD/O MAHESH

Disposal: 39-RULE DISCHARGED/DISMISSED @ FH
Bench: C DOSHI

Holding

An appeal is dismissed if the appellant does not appear for the hearing, constituting non-prosecution.

Summary

The appellant, Paschim Gujarat Vij Company Limited, filed a first appeal before the Gujarat High Court. The appellant's counsel, Mr. Dipak R. Dave, failed to appear despite the matter being called out twice. The respondent, represented by Mr. Premal S. Rachh, was present. The court noted the non-appearance of the appellant's counsel. Consequently, the court dismissed the appeal on the ground of non-prosecution. No substantive merits of the appeal were considered.

Issues considered

What is the appropriate procedural consequence when an appellant fails to appear for a hearing?

Subjects

appealnon-prosecutioncourt proceduredismissal

Judgment

         C/FA/4942/2010                               ORDER DATED: 25/04/2024




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/FIRST APPEAL NO. 4942 of 2010

==========================================================
     PASCHIM GUJARAT VIJ COMPANY LIMITED, THROUGH CHIEF
                          ENGINEER
                            Versus
    LEGAL HEIR OF MAHESH TRIKAMBHAI BHADRA, USHABEN WD/O
                           MAHESH
==========================================================
Appearance:
MR DIPAK R DAVE(1232) for the Appellant(s) No. 1
MR PREMAL S RACHH(3297) for the Defendant(s) No. 1
RULE SERVED for the Defendant(s) No. 1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                  Date : 25/04/2024

                                   ORAL ORDER


          When the matter is called out twice, none has appeared
on behalf of the appellant. Hence, the present appeal is
dismissed for non prosecution.



                                                                (D. M. DESAI,J)
SALIM/




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