Bombay High Court

M/S BRIGHTPOINT INDIA PRIVATE LIMITEDversusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 20 August 2026
Disposal: Disposed Off

Holding

The interim application for restoration was dismissed for non‑prosecution.

Summary

Brightpoint India Private Limited filed Revision Application No. 393 of 2019, which the Bombay High Court dismissed on 5 September 2019 for non‑prosecution. The company later filed an Interim Application No. 640 of 2021 on 12 March 2020 seeking restoration of the dismissed revision and condonation of a 150‑day delay. No counsel appeared for the applicant and no steps were taken to circulate the restoration petition, indicating a lack of interest in pursuing the matter. The Court observed the applicant’s inaction and dismissed the interim application for non‑prosecution. Consequently, the revision remains dismissed and no relief was granted.

Issues considered

What is the appropriate procedure for restoring a dismissed revision application when there is a substantial delay and no prosecution?
Can the Court condone a 150‑day delay in filing a restoration application in the absence of any effort by the applicant to pursue the matter?

Subjects

revision
restoration
non‑prosecution
delay
criminal appellate jurisdiction
court procedure

Judgment

          Digitally
          signed by
          RUSHIKESH
RUSHIKESH VISHNU
VISHNU    PATIL
PATIL     Date:
          2026.08.20
          18:36:38                                1/2                  1 IA.640.2021.odt
          +0530




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 640 OF 2021
                                                   IN
                                   REVISION APPLICATION NO. 393 OF 2019


                       Brightpoint India Private Limited        ..   Applicant
                                        Versus
                       The State of Maharashtra & Anr.          ..   Respondents
                                                        …
                       None for the Applicant.
                       Ms Sangeeta Shinde, APP, for the Respondent-State.
                                                        ...

                                          CORAM: ASHISH S. CHAVAN, J.

                                          DATED : 20th AUGUST, 2026

                       P.C:-

                       1.      None appears for the Revision Applicant when called.


                       2.      By way of an order dated 05.09.2019, this Court had
                       dismissed Revision Application No. 393 of 2019 for non-
                       prosecution.

                               Aggrieved by the aforesaid order, the Applicant has
                       taken out the present Restoration Application, wherein it
                       seeks to restore the Revision Application to its file and also
                       prays for condonation of the delay of 150 days in filing the
                       Application. Although the Restoration Application was filed on
                       12.03.2020, no efforts seem to have been taken by the


                       Rushikesh
                         2/2                1 IA.640.2021.odt

Applicant or his counsel to circulate the same for obtaining
any relief from this Court. Evidently, the Applicant is not
interested in pursuing this Application for restoration. In
these circumstances, Interim Application No. 640 of 2021
stands dismissed for non-prosecution.




                                 (ASHISH S. CHAVAN J.)




Rushikesh

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