Bombay High Court
M/S. KUSUM POWER CONTROL CABLE CO. MANUFACTURING THR. PROPRIETOR MR. D. K. BHANDARIversusM/S. FINOLEX CABLES LIMITED, PUBLIC LIMITED
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
The appeal is dismissed for want of prosecution.
Summary
M/s. Kusum Power Control Cable Co. filed an appeal before the Bombay High Court. The Court noted on 9 January 2026 that no counsel for either party had appeared. It warned that failure to appear would lead to dismissal for want of prosecution. On 23 January 2026, still no party appeared before the Court. Accordingly, the Court dismissed the appeal for want of prosecution and disposed of any pending interim applications. The decision rests on the Court's inherent power to manage its docket and ensure timely prosecution of appeals.
Issues considered
- Whether the appeal should be dismissed for want of prosecution due to non-appearance of the parties?
Subjects
- civil procedure
- appeal
- want of prosecution
- non-appearance
- dismissal
- high court
Judgment
41. AO 330.2021
M/s. Kusum Power Control vs. M/s. Finolex Cables
Digitally signed
JYOTI by JYOTI
PRAKASH
PRAKASH PAWAR IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PAWAR Date: 2026.01.27
15:41:08 +0530 CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 330 OF 2021
M/s. Kusum Power Control Cable Co. … Appellant
V/s.
M/s. Finolex Cables Limited … Respondent
_______________________________________
None for the parties
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 23rd JANUARY 2026
P.C. :
1. By an order dated 9th January 2026, this Court had recorded
that none appeared for the parties and accordingly, notice was given that if
parties do not remain present today, this Court would have no other option
but to dismiss the Appeal for want of prosecution.
2. Despite this, none appears for the parties today. Accordingly,
this Court has no other option but to dismiss the Appeal for want of
prosecution. All pending Interim Applications therein, if any, also stand
disposed of in terms of the above order.
( FARHAN P. DUBASH, J. )
Jyoti Pawar
Page 1 of 1
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Order dated 23rd January 2026
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