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Bombay High Court

Aakash Associates InfrastructuresversusAslam Nazir Qureshi

Decided
Disposal
DISMISSED

Holding

The application is dismissed for non‑prosecution.

Summary

The applicants, Aakash Associates Infrastructures & Anr., filed an arbitration application before the High Court of Bombay. The sole counsel for the applicants, Mr. Jayesh Jayale (instructed by Mr. Jagdish Jayale), appeared but disclosed that he did not have the brief and was not prepared to argue. The court noted the lack of a proper brief and the applicant's failure to prosecute the matter. Consequently, the judge exercised the court's inherent power to dismiss proceedings that are not actively pursued. The application was therefore dismissed for non‑prosecution, ending the arbitration petition at this stage.

Issues considered

  • Whether the arbitration application should be dismissed for non‑prosecution due to the applicant's failure to present a brief and be ready to argue

Subjects

  • Arbitration
  • Dismissal
  • Non‑prosecution
  • Civil Procedure
  • High Court

Judgment

                                                                                  10-ARBAP-115-2026.doc



                                                                                             Gayatri

GAYATRI
           Digitally signed
           by GAYATRI
           RAJENDRA
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJENDRA   SHIMPI
SHIMPI     Date:
           2026.08.28
           17:24:19 +0530
                                          ORDINARY ORIGINAL CIVIL JURISDICTION

                                         ARBITRATION APPLICATION NO. 115 OF 2026

                              Aakash Associates Infrastructures &
                              Anr.                                        … Applicants
                                        V/s.
                              Aslam Nazir Qureshi                         … Respondent

                              Mr. Jayesh Jayale i/b Mr. Jagdish Jayale, for
                              Applicant.


                                                          CORAM     : AMIT BORKAR, J.

                                                          DATED     : AUGUST 28, 2026
                              P.C.:

                              1.      The learned Advocate appearing for the Applicant does not
                              have the brief and is not ready to argue the matter. Accordingly,
                              the Application is dismissed for non-prosecution.


                                                                        (AMIT BORKAR, J.)




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