Bombay High Court
SHREEJI BHAVAN, CO-OPERATIVE HOUSING SOCIETY LIMITEDversusTHE MUNICIPAL CORPORATION OF GREATER BOMBAY AND ANOTHER
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
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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