Bombay High Court

SHAILESH S. DESAIversusM/S. AMRIT TRADING CORPORATION AND ORS.

Decided: 2 April 2026
Disposal: Disposed Off
Bench: R N LADDHA

Holding

The appeal was dismissed as abated due to the death of the respondent.

Summary

Shailesh S. Desai appealed against M/s Amrit Trading Corporation and others in the Bombay High Court. The appellant sought relief, but the court received a communication from Bazar Peth Police Station indicating that respondent No.2, the proprietor of respondent No.1, had died on 19 November 2007, along with his death certificate. The court considered whether the appeal could continue in view of the death of a key party. It held that the death of the respondent caused the cause of action to abate. Consequently, there was nothing left to adjudicate in the appeal. The appeal was therefore dismissed as abated.

Issues considered

What is the effect of the death of a party on the continuance of a criminal appeal?

Subjects

appeal
abated
death of party
criminal appellate jurisdiction
cause of action

Judgment

                    Mamta Kale                                                                     23-apeal-1303-2008.docx


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION

                                     Criminal Appeal No. 1303 of 2008
                    Shailesh S Desai                                                                … Appellant
                         versus
                    M/s Amrit Trading Corporation and Ors.      …Respondents
                                                ----
                    None for the Appellant.
                    Mr M S Sonavane, APP, for Respondent No.3 / State.
                                                ----
                                                      Coram: R.N. Laddha, J.
                                                                                        Date: 2 April 2026
                    P.C.:
                    .       At the outset, the learned APP invited attention of this
                    Court to the communication dated 24 March 2009 received
                    from the concerned Bazar Peth Police Station, Kalyan, and the
                    death certificate of respondent No.2, who was proprietor of
                    respondent No.1 and was expired on 19 November 2007. In
                    view thereof, nothing survives in this appeal and the same
                    stands dismissed as having abated.
        Digitally
        signed by
        MAMTA
MAMTA AMAR
AMAR KALE
KALE  Date:
      2026.04.02



                                                                                                   (R.N. Laddha, J.)
        19:52:44
        +0530




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                                                         2 April 2026

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