Patna High Court

Anamika Kumari SinhaversusAxis Bank and Ors

Decided: 4 March 2025
Disposal: DISMISS FOR NON-PROSECUTION
Bench: G ANUPAMA CHAKRAVARTHY

Holding

The writ petition is dismissed for default and non‑prosecution.

Summary

Anamika Kumari Sinha filed a civil writ petition before the Patna High Court against Axis Bank and Max Life Insurance. The petition was scheduled for hearing on 10 February 2025 and again on 4 March 2025. The petitioner failed to appear or file any representation on both dates. The Court observed the lack of representation and, as a matter of procedural law, dismissed the writ petition for default and non‑prosecution. No substantive merits of the petition were considered.

Issues considered

Whether a writ petition may be dismissed for default due to the petitioner's failure to appear or prosecute the case?

Subjects

writ petition
default dismissal
civil procedure
non‑prosecution
Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5674 of 2017
                 ======================================================
                 Anamika Kumari Sinha Wife of Sri Samir Kumar Sinha, C/o Capt. Arvind
                 Kumar Sinha, Resident of Chitragupt Nagar, Pokharia, P.S.- Begusarai,
                 District- Begusarai.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    Axis Bank having its registered office at Trishul, OPP. - Samartheshwar
                 Temple, Ellis Bridge, Ahmedabad-380006
           2.    Chief Manager, Axis Bank Limited, 01 Shekespeare Sarani, AC Market
                 Building 4th Floor, Kolkata, West Bengal-700071
           3.    Branch Manager (Collection), Axis Bank, Patna RAC, Kamini Palace, 3rd
                 Floor, Patliputra, Boring Canal Road, Patna.
           4.    Axis Bank having its Corporate office at Bombay Dyeing Mills Compound,
                 Pandurang Budhkar Marg, Worli, Mumbai-400025
           5.    Authorized Officer, Axis Bank Ltd. Patna RAC, Kamini Palace, 3rd Floor,
                 Patliputra, Boring Canal Road, Patna
           6.    Max Life Insurance Limited registered office Max House, 1, Drijha Marg,
                 Okhla, New Delhi- 110020, Head office - 11th and 12th Floor, DFL Square,
                 Jacaranda, Marg, DLF City, Gurgaon – 12202 (Haryana)

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        None
                 For the Respondent/s   :        Mr. Nagadeo Choubey, Advocate
                                        :        Mr. Daya Nand Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                                       ORAL ORDER

5   04-03-2025                 No representation for the petitioner on


                   10.02.2025 and the matter was directed to be


                   listed for today i.e. on 04.03.2025. Instead of


                   posting as a last indulgence, today also, there is no


                   representation           on      behalf      of    the        petitioner,
           Patna High Court CWJC No.5674 of 2017(5) dt.04-03-2025
                                                       2/2




                     therefore, the Writ petition is dismissed for default


                     and for non-prosecution.



                                       (G. Anupama Chakravarthy, J)
amitkr/-

U

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