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Bombay High Court

SHRI.KOLLANNUR THARAIL VAREED VAREED AND ANR.versusM/S.PRATIBHA INDUSTRIES LTD. AND ANR.

Decided
Disposal
Dismissed

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellants filed a first appeal before the Bombay High Court against M/s. Pratibha Industries Ltd. No substantive pleadings or evidence were presented, and the appeal was not prosecuted. The Court observed that the appeal was pending without any progress and therefore dismissed it for want of prosecution. However, the Court granted the appellants a liberty to seek restoration of the appeal if they can show sufficient cause for the delay. No merits of the dispute were addressed as the procedural default led to dismissal.

Issues considered

  • Whether an appeal pending without prosecution should be dismissed for want of prosecution

Subjects

  • procedural law
  • appeal
  • want of prosecution
  • restoration of appeal
  • civil procedure

Judgment

  2026:BHC-AS:22086
                             Sayyed                                                         907-FA.1318.2017.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                                FIRST APPEAL NO.1318 OF 2017

                             Kollannur Tharail Vareed Vareed & Ors.      ...Appellants
                                   Versus
                             M/s. Pratibha Industries Ltd.               ...Respondent
                                   _____________________________________________________
                             None for the Appellants.
                             None for the Respondent.
                                   _____________________________________________________

                                                            CORAM :           JITENDRA JAIN, J.
                                                            DATE          :   8 MAY 2026
                             P.C.:

                             1.       None for the appellants.


                             2.       Appeal is dismissed for want of prosecution.


                             3.       Liberty to restore, if sufficient cause is shown.



                                                                                [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 08/05/2026 15:17:04                                        1 of 1


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