SANTKRUPA CORPORATIONversusDENA BANK
- Disposal
- 43-DISMISSED FOR DEFAULT @ FH
- Bench
- C DOSHI
Holding
The appeal is dismissed for non‑prosecution, with liberty to file a revival application.
Summary
The appellants filed a first appeal (C/FA/4968/2008) in the Gujarat High Court in 2008. Notices were served to some appellants, but they failed to appear, and notices could not be served to others because they resided outside Gujarat. No legal representation was present for any of the appellants at the time of hearing. The Court held that the appeal could not proceed due to non‑prosecution and ordered its dismissal, while granting the appellants liberty to file a revival application if they face difficulty. Consequently, any interim relief previously granted was discontinued and the accompanying civil application was disposed of.
Issues considered
- What is the appropriate procedural consequence when appellants fail to appear and cannot be served with notice?
Subjects
Judgment
C/FA/4968/2008 ORDER DATED: 10/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4968 of 2008
With
CIVIL APPLICATION NO. 1 of 2008
In R/FIRST APPEAL NO. 4968 of 2008
==========================================================
SANTKRUPA CORPORATION & ORS.
Versus
DENA BANK & ANR.
==========================================================
Appearance:
ADVOCATE NOTICE NOT RECD BACK for the Appellant(s) No. 3.1
ADVOCATE NOTICE UNSERVED for the Appellant(s) No.
1,2.1,2.2,2.3,2.4,4,5
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Appellant(s) No. 2,3
MR PRANAV G DESAI(290) for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 10/07/2026
ORDER
Notice to some of the appellants is served but they did not
appear and Notice to some of the appellants is not served on the
ground that they are living outside the State of Gujarat. The
present appeal is of the year 2008. None is representing the
appellants as of now.
As a result, the present appeal stands dismissed for non-
prosecution with a liberty to file the revival application, in case of
difficulty. Interim relief granted earlier, if any, stands
discontinued. Record and proceeding is ordered to be sent back.
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C/FA/4968/2008 ORDER DATED: 10/07/2026
In view of the above order, the present civil application
does not survive and therefore, stands disposed of.
(J. C. DOSHI,J)
PARMAR KRISH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR KRISH(HC02348), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 10/07/2026 17:00:32
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