Bombay High Court

LAXMI STEEL AND FABRICATIONversusM/S. ASHWMEGH ELECTRICALS

Disposal: Disposed Off
Bench: SANDESH D PATIL

Holding

The application for leave to appeal is dismissed for non‑prosecution.

Summary

Laxmi Steel and Fabrication Works filed an application for leave to appeal against a decision of the lower court, naming M/s. Ashwmegh Electricals & Anr. as respondents. The matter was listed for hearing on 23 April 2026 and again on 12 June 2026, but the applicant failed to appear or prosecute the application. Consequently, the Court noted the lack of prosecution and dismissed the application. No arguments or evidence were presented by the applicant. The dismissal was entered by Justice Sandesh D. Patil, indicating that the procedural default precluded any further consideration of the appeal.

Issues considered

What is the appropriate disposition of an application for leave to appeal when the applicant fails to appear for the scheduled hearing?

Subjects

leave to appeal
non‑prosecution
criminal appellate jurisdiction
procedural default
high court

Judgment

                                                             29-ALP-41-2020 (CR).doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                   CRIMINAL APPELLATE JURISDICTION

       APPLICATION FOR LEAVE TO APPEAL (PVT.) NO. 41 OF 2020

Laxmi Steel And Fabrication Works                       ..…Applicant
     VS.
M/s. Ashwmegh Electricals & Anr.                        .....Respondents

                                         .....
None for the Applicant.
Mr. Avinash Naik, A.P.P. for Respondent No.2-State.
                                   .....

                                         CORAM: SANDESH D. PATIL, J.
                                         DATED: 10th JULY 2026.
P. C. :

1.        None for the Applicant, when the matter was listed on 23 rd April,

2026 and 12th June 2026. Hence, the Application for Leave to Appeal is

dismissed for non-prosecution.


                                                   (SANDESH D. PATIL, J.)-




RaJesh Chittewan, PS
                                     1
               Digitally signed
               by RAJESH
RAJESH         VASANT
VASANT         CHITTEWAN
CHITTEWAN      Date:
               2026.07.13
               15:59:57 +0530

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