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Bombay High Court

TECHLEAD SOFTWARE ENGINEERING PRIVATE LIMITED THR. MR. HEMANT BHIRUDversusMR. ANIL HARAKCHAND MEHTA

Decided
Disposal
Dismissed

Holding

The order of dismissal for want of prosecution was recalled and the matter was listed for further hearing.

Summary

Techlead Software Engineering Pvt. Ltd. appealed an order dated 2026, alleging that the lower court had dismissed its appeal for want of prosecution. The appellate court initially dismissed the appeal on the ground that the appellant had lost interest in prosecuting the case and also disposed of the interim application. Subsequently, counsel for the appellant appeared, apologized for his earlier absence, and requested that the dismissal order be recalled. The court entertained the request and recalled the order of dismissal, directing that the matter be listed for further hearing on 27 October 2026. No costs were awarded, and the interim application remains disposed.

Issues considered

  • What is the appropriate procedure when an appeal is dismissed for want of prosecution?
  • Can an order of dismissal for want of prosecution be recalled upon application by the appellant?

Subjects

  • procedural law
  • dismissal for want of prosecution
  • recall of order
  • civil appellate jurisdiction
  • appeal prosecution

Judgment

                                                                                                 16.AO.972.2026.DOC



                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                                   APPEAL FROM ORDER NO.972 OF 2026
                                                                 WITH
                                                  INTERIM APPLICATION NO.7766 OF 2026

                               Techlead Software Engineering Pvt.Ltd
                               through Hemant Bhirud                                                  Appellant
                                            versus
                               Anil Harakchand Mehta                                                  Respondent
                                                                  _______
                               Mr.Rohan Mirpury for Appellant.
                               Ms.Pallavi Chatterjee h/for Mr.Hemant Ghadigaonkar for Respondent
                                                                      _______

                                                            CORAM         :      AARTI SATHE, J.

                                                            DATE          :      6th October 2026

                               P.C.

                               1.           None for the Appellant. It seems that due to passage of time, the

                               Appellant has lost interest in prosecuting the Appeal fro Order. Accordingly

                               Appeal from Order is dismissed for want of prosecution. No costs.

                               2.           Interim Application does not survive and stands disposed of as such.

                               LATER ON :

                               3.           Learned counsel for the Appellant mentions the matter and apologized

                               for his absence. He seeks recall of the order of dismissal.

                               4.           The order of dismissal stands recalled. List the matter on 27th October

                               2026.

                                                                                 (AARTI SATHE, J.)
            Digitally signed
MANISH      by MANISH
            SURESHRAO
SURESHRAO   THATTE
THATTE      Date: 2026.10.06
            17:43:06 +0530




                               M.S.Thatte


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