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Bombay High Court

TATA COMMUNICATIONS LIMITEDversusIYOGI INC AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The application is dismissed for non-prosecution due to the applicant's failure to appear.

Summary

Tata Communications Limited filed a criminal application against IYOGI Inc. and another respondent. The applicant failed to appear before the court on the scheduled dates, including the final date. No counsel appeared on behalf of the applicant. The court noted the continued non-appearance and consequently dismissed the application for non-prosecution. The order was pronounced by Justice Gauri Godse on 23 January 2026.

Issues considered

  • What is the appropriate course of action when an applicant fails to appear for a criminal application?

Subjects

  • criminal procedure
  • non-prosecution
  • application dismissal
  • failure to appear

Judgment

                                                                     6-ALP-376-2018.doc



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          rrpillai                   CRIMINAL APPELLATE JURISDICTION
                                    CRIMINAL APPLICATION NO. 376 OF 2018


                        Tata Communictions Limited                    ….Applicant
                              vs.
                        IYOGI INC and Another                          … Respondents

                        None for the Applicant.
                        Mr. D. J. Haldankar, APP for the State.



                                                     CORAM : GAURI GODSE, J.

                                                     DATED : 23rd JANUARY 2026

                        ORDER:


                        1.    Even on the last date none had appeared for the

                        applicant.

                        2.    Even today none appears for the applicant.

                        3.    Application is dismissed for non-prosecution.




                                                                   (GAURI GODSE, J.)



           Digitally
           signed by
           RAJESHWARI
RAJESHWARI RAMESH
RAMESH     PILLAI                                     1/1
PILLAI     Date:
           2026.01.28
           14:24:25
           +0530


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