High Court of Gujarat

THE GUJARAT STATE ROAD TRANSPORT CORPORATIONversusCHANDUBHAI RANCHHODBHAI CHAUHAN

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The Court held that a first appeal dismissed for non‑prosecution may be restored if the applicant demonstrates bonafide reasons.

Summary

The Gujarat State Road Transport Corporation filed an application seeking restoration of its First Appeal No. 4038/2023, which had been dismissed for non‑prosecution. The respondents, Chandubhai Ranchhodbhai Chauhan and others, opposed the restoration. The Court heard counsel for both sides and examined the reasons advanced in the application. It found the reasons to be bonafide and sufficient to merit restoration. Consequently, the Court ordered that the first appeal be restored to its original file along with interim relief. The application was disposed of by allowing the restoration.

Issues considered

Whether a first appeal dismissed for non‑prosecution can be restored on a fresh application.

Subjects

restoration of appealnon‑prosecutioncivil procedureinterim reliefHigh Court of Gujarat

Judgment

       C/MCA/879/2026                                                          ORDER DATED: 30/04/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 879 of 2026
                  In R/FIRST APPEAL/4038/2023
==========================================================
       THE GUJARAT STATE ROAD TRANSPORT CORPORATION
                              Versus
          CHANDUBHAI RANCHHODBHAI CHAUHAN & ORS.
==========================================================
Appearance:
MS SEJAL K MANDAVIA(436) for the Applicant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Opponent(s) No. 3
MR HEMAL SHAH(6960) for the Opponent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                          Date : 30/04/2026
                                               ORDER


        Present application is filed with a request to restore First
Appeal No.4038/2023 which came to be dismissed for non-
prosecution.
        Having           heard          learned           advocate            appearing              for       the
respective parties and considering the averments made in the
application, reasons mentioned in the application appear to be
bonafide and hence, present application is allowed. First Appeal
No.4038/2023 is hereby ordered to be restored to its original file
alongwith interim relief.
        Present application is disposed of accordingly.



                                                                   (HASMUKH D. SUTHAR, J.)
Ajay
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/04/2026 14:56:12




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