DAHANIBEN LAXMANBHAI JOTVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Court by order dtd. 26/7/2022 granted four weeks' time to file translated copies and peremptory order was passed that appeal would be dismissed without reference to the Bench.

(2.) Before expiry of four weeks' period granted, learned counsel for the appellants Mr. Parth J. Contractor filed retirement memo dtd. 29/7/2022. This Court having taken note of the said memo of retirement had directed the Registry to print the name of appellants 1 to 25 in the cause list. Names called out. None have appeared. There is no representation on behalf of the appellants. Memo of retirement is accompanied by a letter addressed to these 25 persons and they have duly acknowledged receipt of the said letter as enclosed along with communication dtd. 29/7/2022. It would also disclose that they have received back the papers. Neither alternate arrangements have been made nor there is representation on behalf of the appellants. It is the primary responsibility of the litigants to make arrangement when the counsel appearing for them retires from the case after due notice. Hence, this Court is left with no other option but to dismiss the appeal for default and non-prosecution.

(3.) Accordingly, appeal stands DISMISSED and after permitting Mr. Parth J. Contractor to retire from the case, Registry to delete the name of Mr. Parth J. Contractor from the board.