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Bombay High Court

Kalpesh BalarversusCogoport Pvt Ltd

Decided
Disposal
DISMISSED

Holding

The petition is dismissed for non‑prosecution.

Summary

The applicant, Kalpesh Balar, filed an arbitration application against Sayali Cogoport Pvt Ltd and others. No parties appeared before the court on any of the scheduled dates. The court noted the repeated non-appearance of both sides. Consequently, the court dismissed the petition on the ground of non‑prosecution. No substantive merits of the dispute were addressed.

Issues considered

  • Whether a petition can be dismissed for non‑prosecution due to non‑appearance of parties

Subjects

  • Arbitration
  • Non‑prosecution
  • Dismissal
  • Civil Procedure

Judgment

                                                                            2-ARBAP-248-26.doc



                                                                                    Sayali



                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION

                                 ARBITRATION APPLICATION NO. 248 OF 2026

                      Kalpesh Balar                                 … Applicant
                                 V/s.
SAYALI                Cogoport Pvt Ltd and Others                   … Respondents
DEEPAK
UPASANI               None for Applicant.
Digitally signed by
SAYALI DEEPAK         Ms. D. Patel i/b Mr. Swapnil Khatri, for Respondent
UPASANI
Date: 2026.10.08      no. 1.
14:46:39 +0530



                                                   CORAM       : AMIT BORKAR, J.

                                                   DATED       : OCTOBER 08, 2026

                      P.C.:

                      1.      Even on the last occasion, none appeared.

                      2.      Today also, none has appeared.

                      3.      Hence, the petition is dismissed for non-prosecution.




                                                                  (AMIT BORKAR, J.)




                                                        1


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