Bombay High Court

M/S. KUNDAN COLLECTION A AND ORS.versusTHE COSMOS CO-OP. BANK LIMITED, PUNE

Decided: 22 June 2026
Disposal: Dismissed
Bench: ARIF S DOCTOR

Holding

The appeal is dismissed for want of prosecution due to the non‑appearance of any party.

Summary

M/s. Kundan Collection A and Ors. filed an arbitration appeal before the High Court of Bombay against The Cosmos Co-op. Bank Limited, Pune. The appellants were represented by Mr. Harshad Kapadiya and Mr. Ronak Shah, while no counsel appeared for the respondent. The court noted that the matter had previously been stood over for dismissal because no party appeared. On the present date, again no party appeared before the bench. Consequently, the court dismissed the appeal for want of prosecution, emphasizing that a proceeding cannot continue without any party’s participation. The dismissal was entered without any substantive consideration of the merits of the dispute.

Issues considered

What is the appropriate procedural consequence when neither party appears before the court for an appeal?

Subjects

Arbitration
Appeal
Dismissal
Want of prosecution
Procedural default

Judgment

                                       1/1               35-ARA-29-2023 (C).DOC



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION


                     ARBITRATION APPEAL NO. 29 OF 2023


M/s. Kundan Collection A And Ors.                          ...Appellants
        Versus
The Cosmos Co-op. Bank Limited, Pune                       ...Respondent
                                     _______
Mr. Harshad Kapadiya i/b Mr. Ronak Shah for the Appellant.
                                     _______
                            CORAM       :      ARIF S. DOCTOR, J.
                            DATE        :      22nd JUNE, 2026


P.C.


1.      On the previous occasion also none had appeared, the matter was thus

stood over for dismissal.

2.      Today once again none has appeared, hence the captioned Appeal is

dismissed for want of prosecution.




                                                [ARIF S. DOCTOR, J.]




Areeb

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