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Bombay High Court

SHREEJI BHAVAN, CO-OPERATIVE HOUSING SOCIETY LIMITEDversusTHE MUNICIPAL CORPORATION OF GREATER BOMBAY AND ANOTHER

Decided
Disposal
Disposed Off

Holding

The appeal is dismissed for non‑prosecution as the appellant failed to appear despite the court’s notice.

Summary

The Bombay High Court dismissed the appeal filed by Shreeji Bhavan Co-Operative Housing Society Ltd. against the Municipal Corporation of Greater Bombay because the appellant failed to appear before the court despite a prior notice. The court had earlier warned that non-appearance would lead to dismissal for non-prosecution. On the scheduled date, no representatives of the appellant were present. Consequently, the court exercised its inherent power to dismiss the appeal and also disposed of any pending interim applications. The order reflects the principle that parties must prosecute their suits diligently.

Issues considered

  • Whether the appeal should be dismissed for non-prosecution due to the appellant's failure to appear after notice

Subjects

  • non-prosecution
  • dismissal
  • civil appeal
  • procedural default
  • interim application

Judgment

        Digitally
        signed by
        JYOTI
JYOTI   PRAKASH
PRAKASH PAWAR
PAWAR   Date:
        2026.01.27
        20:52:33                                                                                                                        15. Shreeji Bhavan, Co-Op. Housing Soc. Ltd. vs. The MCGM
        +0530




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION
                           APPEAL FROM ORDER NO. 595 OF 2022
                                         WITH
                          INTERIM APPLICATION NO. 3594 OF 2022
                                           IN
                           APPEAL FROM ORDER NO. 595 OF 2022


       Shreeji Bhavan, Co-Operative
       Housing Society Limited                                                                                                                                                                                          … Appellants
             V/s.
       The Municipal Corporation Of
       Greater Bombay & Anr.                             … Respondents
                      _______________________________________

       Ms. Riddhi Walawalkar h/f Mr. Dharmesh Vyas a/w Mr. Sachin Vajale for
       Respondent MCGM
                     _______________________________________

                                                            CORAM : FARHAN P. DUBASH, J.

                                                            Date :                                                                                                    23rd JANUARY 2026

       P. C :


       1.            By an order dated 16th January 2026, this Court had noted that

       none appeared for the parties and accordingly, the matter was placed today

       for dismissal whilst putting the parties to notice that if they do not remain

       present, this Court would have no other option but to dismiss the Appeal for

       non-prosecution.

       2.            Despite this order, none appears for the Appellant today.

       Considering the above, this Court has no other option but to dismiss the


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                                                   Order dated 23rd January 2026
                                                                                                                                15. Shreeji Bhavan, Co-Op. Housing Soc. Ltd. vs. The MCGM




Appeal for non-prosecution. All pending Interim Applications therein, if any,

also stand disposed of in terms of the above order.




                                                                                                                                                                                                                ( FARHAN P. DUBASH, J.)
Mandar M.




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                                           Order dated 23rd January 2026


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