High Court of Gujarat

OPTIMIZE INFRACONversusGUJARAT REAL ESTATE APPELLATE TRIBUNAL THROUGH REGISTRAR

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: DIVYESH A JOSHI

Holding

The appeal is dismissed for want of prosecution due to failure to serve notice on the appellant.

Summary

Optimize Infracom filed a RERA appeal against the Gujarat Real Estate Appellate Tribunal seeking interim relief. The court, after reviewing the bailiff's report, found that it could not serve notice on the appellant because no information about him was available. With neither the appellant nor his counsel present, the court was unable to proceed with the matter. Consequently, the appeal was dismissed for default due to want of prosecution, and any interim relief granted earlier was vacated. The connected civil application for stay was also disposed of.

Issues considered

Whether the court can proceed with a RERA appeal when the appellant cannot be served notice.
Whether dismissal for default is appropriate in the absence of the appellant and his advocate.

Subjects

RERAservice of noticedefault dismissalinterim reliefstay applicationappellate tribunal

Judgment

          C/RERAA/5/2021(GJHC240421462021)                                            ORDER DATED: 24/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/RERA APPEAL NO. 5 of 2021
                                With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                                 In
                    R/RERA APPEAL NO. 5 of 2021
      =======================================================
                                      OPTIMIZE INFRACON
                                             Versus
                            GUJARAT REAL ESTATE APPELLATE TRIBUNAL
                                   THROUGH REGISTRAR & ORS.
      =======================================================
      Appearance:
      ADVOCATE NOTICE UNSERVED for the Appellant(s) No. 1
      MR BHARAT T RAO(697) for the Defendant(s) No. 3
      NOTICE SERVED BY DS for the Defendant(s) No. 1,2,4
      =======================================================
          CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                             Date : 24/08/2026
                                                    ORAL ORDER
                Having           perused            the        report          submitted              by       the
      concerned Bailiff, it appears that upon making inquiry
      from the relative of the appellant, it appears that
      they do not have information about the appellant, as a
      result of which, notice of this Hon’ble Court could not
      be served upon them.
                Therefore in absence of either appellant or his
      advocate, this Court is not in a position to proceed
      further           with       the       matter.          Hence,          the       present          appeal
      stands dismissed for default for want of prosecution.
      Notice is discharged. Interim relief, if any, stands
      vacated.
                Connected application stands disposed of.


                                                                         (DIVYESH A. JOSHI, J.)
      Gautam
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAUTAM G PATIL(HC00190), Principal Pvt. Secretary, at High Court of Gujarat on 25/08/2026 16:58:16
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