Bombay High Court
UNIVERSAL LENS CENTRE MUMBAI AND ANR.versusMIDAS IMPEX THR. ITS AUTHORISED PARTNER NILAN
- Decided
- Disposal
- Dismissed
Holding
An appeal is dismissed where the appellant fails to prosecute the proceedings.
Summary
The appellants, Universal Lens Centre & Anr., filed a commercial first appeal before the Bombay High Court against Midas Impex. No counsel appeared on behalf of the appellants at the hearing. The court observed that the appellants were not interested in prosecuting the appeal. The legal issue was whether an appeal can continue in the absence of prosecution by the parties. Applying the principle that a pending appeal must be actively pursued, the court dismissed the appeal for want of prosecution. No costs were awarded.
Issues considered
- Whether an appeal may be dismissed for want of prosecution when the appellant does not appear or show interest in pursuing the appeal.
Subjects
- appeal
- procedural default
- want of prosecution
- civil procedure
- high court
Judgment
Digitally
signed by
PRAJAKTA
PRAJAKTA SAGAR
13-COMFA 12-25.DOC
SAGAR VARTAK
VARTAK Date:
2026.09.29
11:06:19
+0530
Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
COMMERCIAL FIRST APPEAL NO. 12 OF 2025
Universal Lens Centre & Anr. ...Appellants
Vs
Midas Impex ...Respondent
_________
None for Appellants.
Ms. Sneha Vani i/b. Mr. Pariket Shah for Respondent.
__________
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 24 SEPTEMBER 2026
P.C.
1. None appears for the appellants. It appears that the appellants are not
interested in prosecuting the present appeal. Hence, dismissed for want of
prosecution. No costs.
(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
Page 1 of 1
24 September 2026
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.