GUJ.ELECTRICITY BOARD NOW DAXIN GUJARAT VIJ CO. LTD v. SWARUPSHRI YARN PVT LTD
Court: High Court of Gujarat
Bench: HONOURABLE MR. JUSTICE J. C. DOSHI
Judgment date:
Case summary
High Court of Gujarat judgment dated 2026-04-01. GUJ.ELECTRICITY BOARD NOW DAXIN GUJARAT VIJ CO. LTD v. SWARUPSHRI YARN PVT LTD. Read the judgment and case...
Judgment text
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 720 of 2002 With R/FIRST APPEAL NO. 721 of 2002 ========================================================== GUJ. ELECTRICITY BOARD NOW DAXIN GUJARAT VIJ CO. LTD Versus SWARUPSHRI YARN PVT LTD ========================================================== Appearance: MR MD PANDYA(548) for the Appellant(s) No. 1 MS MAYA S DESAI(285) for the Appellant(s) No. 1 NANAVATY ADVOCATES(1373) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE A. S. SUPEHIA Date : 04/10/2022 ORAL ORDER 1. The cross appeals arise out of the common judgement and decree dated 30. 03. 2000, wherey Special Civil Suit No. 74 of 1992 was decreed in favour of the plaintiffs and defendant-GEB’s Special Civil Suit No. 37 of 1998 was dismiss with costs. 2. The order sheet reflects that from 21. 06. 2002 till 24. 06. 2003, the matter was being adjourn on the ground of settlement.
Ultimately, t appeals were admitted vide order dat 29. 07. 2003. It is further noticed that in t Civil Application (for stay) No. 9041 of 2014, which was filed by the defendant-GEB seeking t stay on the impugned judgement and decree and by the order dated 09. 02. 2018, the said application was rejected. 3. Today, when the matter is taken up for hearing, none has chosen to appear on behalf o the opponent-Swarupshri Yarn Pvt. Ltd. , wheres learned advocate Ms. Desai is present for t applicant-GEB. 4. Learned advocate Ms. Desai has submitted tht she has no instructions as to whether t settlement is being fructified or not. It is also submitted that the appellant has no instructions whether any execution application is filed by t opponent. It is submitted that despite her best efforts, no instructions are received in t matter and she does not know the status of t impugned judgement and decree, whether it is implemented or not, even after rejection of t civil application for stay. 5.
Under the circumstances, it appears that t parties have lost interest in the litigation an hence, both the appeals stand dismissed for non-prosecution. If any restoration application is filed, the same shall contain affidavit of t appellants inter alia stating whether the caus of action survives or not. Sd/- (A. S. SUPEHIA, J) NVMEWADA
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