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Gujarat High Court

Bharatkumar Prabhudas Desai vs Manila Corporation, Idar Through ... on 14 September, 2023

Author: Umesh A. Trivedi

Bench: Umesh A. Trivedi

                                                                           NEUTRAL CITATION




    C/FA/1040/2018                         ORDER DATED: 14/09/2023

                                                                           undefined




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
           R/FIRST APPEAL NO. 1040 of 2018
                         With
     CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
          In R/FIRST APPEAL NO. 1040 of 2018
======================================
             BHARATKUMAR PRABHUDAS DESAI
                        Versus
 MANILA CORPORATION, IDAR THROUGH PROPRIETOR DOSHI
                   SONIC ARVINDBHAI
======================================
Appearance:
MR RIDDHESH TRIVEDI(6581) for the Appellant(s) No. 1
MR DA SANKHESARA(5955) for the Defendant(s) No. 1
======================================
 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
       and
       HONOURABLE MRS. JUSTICE M. K. THAKKER
                Date : 14/09/2023
                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI) Though called out twice, learned advocate for the appellant is not present.

On last occasion, as recorded in an order dated 29.08.2023, learned advocate for the appellant/applicant was not present despite matter was called out twice.

It appears that his client is not responding, and therefore, he intended to retire from the case. Be that as it may, the appellant/applicant has also not obeyed the order of stay granted by this Court, and therefore, vide detailed order dated 29.08.2023, the stay granted earlier was vacated. Page 1 of 2 Downloaded on : Sat Sep 16 17:17:16 IST 2023

NEUTRAL CITATION C/FA/1040/2018 ORDER DATED: 14/09/2023 undefined Today also, neither the learned advocate nor the appellant/applicant is present before the Court, despite matter was earlier adjourned as a last chance. Hence, we are left with no option but to dismiss this appeal.

Hence, this appeal is dismissed for non-prosecution. Notice is discharged.

Connected Civil Application also stands disposed of. Rule is discharged.

Amount deposited by the appellant before the Registry of this Court is permitted to be transferred to the executing Court.

(UMESH A. TRIVEDI, J.) (M. K. THAKKER, J.) Raj Page 2 of 2 Downloaded on : Sat Sep 16 17:17:16 IST 2023