Created by Fuzzy Cloud

Bombay High Court

THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT THR ITS ASSISTANT DIRECTOR H. S. MANDLEKARversusSTATE BANK OF INDIA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The appeal was dismissed for non-prosecution due to the appellant's failure to appear.

Summary

The Deputy Director of the Directorate of Enforcement filed an appeal against the State Bank of India and others. No counsel appeared on behalf of the appellant despite notice. The High Court noted the absence of representation and dismissed the appeal for non-prosecution. The judges, Kamal Khata and A.S. Gadkari, recorded the dismissal. No substantive merits of the case were examined due to the procedural default.

Issues considered

  • Whether the appeal can proceed in the absence of any appearance by the appellant

Subjects

  • non-prosecution
  • appeal dismissed
  • criminal appellate jurisdiction
  • directorate of enforcement
  • procedural default

Judgment

                          apn                                                   5-crappl-940-2019.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CRIMINAL APPELLATE JURISDICTION

                                                 APPEAL NO.940 OF 2019

                     The Deputy Director, Directorate of
                     Enforcement through its Assistant
                     Director H.S. Mandlekar                               … Appellant

                              V/s.

                     State Bank of India & Ors.                            … Respondents



                     None for the Appellant.
                     Adv. Manoj Kumar Mishra, a/w Adv. Shashank Bhondave for Respondent
        Digitally    No.1.
        signed by
        ASHWINI
ASHWINI PRASAD       Ms. Madhavi H. Mhatre, A.P.P. for Respondent-State.
PRASAD NARHIRE
NARHIRE Date:
        2026.09.19
        11:40:24
        +0530


                                                       CORAM :        A. S. GADKARI AND
                                                                      KAMAL KHATA, JJ.
                                                          DATE :      11th September, 2026.

                     P.C.:-

                     1)              Despite notice none appears on behalf of the Appellant.

                     2)              Dismissed for non-prosecution.



                                (KAMAL KHATA, J.)                      (A.S. GADKARI, J.)




                                                                                                        1/1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.