BHARAT SANCHAR NIGAM LIMITED THRO'ASST. GENERAL MANAGERversusMANHERLAL RAMNIKLAL
- Disposal
- 43-DISMISSED FOR DEFAULT @ FH
- Bench
- C DOSHIMAULIK SHELAT
Holding
The appeal is dismissed for default due to the parties' failure to appear.
Summary
The case is a second appeal (C/SA/132/2007) filed by Bharat Sanchar Nigam Limited (BSNL) and others against Manherlal Ramniklal and others in the Gujarat High Court. The appellant’s counsel, Mr. Sandip C. Shah and Ms. Roopal R. Patel, appeared, while the respondents were represented by a notice of service. The matter was called on three occasions on 25 November 2024 and again on 17 July 2025, but none of the parties, including the respondents, were present. No request for a pass‑over was made by either side. The Court, noting the repeated non‑appearance, dismissed the appeal for default. Consequently, the appeal was dismissed without any substantive hearing on the merits.
Issues considered
- What is the appropriate procedural consequence when parties fail to appear for a scheduled hearing despite multiple calls?
Subjects
Judgment
C/SA/132/2007 ORDER DATED: 17/07/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 132 of 2007
==========================================================
BHARAT SANCHAR NIGAM LIMITED THRO'ASST. GENERAL MANAGER &
ORS.
Versus
MANHERLAL RAMNIKLAL & ORS.
==========================================================
Appearance:
MR SANDIP C SHAH(792) for the Appellant(s) No. 1,2,3,4
MS ROOPAL R PATEL(1360) for the Appellant(s) No. 1
SERVED BY AFFIX(N) for the Respondent(s) No. 1,2,3
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 17/07/2025
ORAL ORDER
None present when the matter is called out. On 25.11.2024, the
matter was called out thrice but none had remained present for the
respective parties. Today also, none had remained present neither
any of the parties sought for passover.
In view of the same, the matter is dismissed for default.
(SANJEEV J.THAKER,J)
URIL RANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 17/07/2025 18:38:53
Page 1 of 1
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.