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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