Bombay High Court
BULCHAND GOKULDAS AHUJAversusTAPANKUMAR CHATTERJEE AND ANR
- Decided
- Disposal
- Dismissed
Holding
The appeal is dismissed for non‑prosecution.
Summary
An appeal was filed by Bulchand Gokuldas Ahuja against Tapankumar Chatterjee and another party. On 11 August 2026, no representative appeared for the appellant, and the court warned that the appeal would be dismissed if the appellant remained absent. The appellant again failed to appear on the scheduled date of 16 September 2026. Consequently, the court dismissed the appeal on the ground of non‑prosecution. The judgment noted that if the appellant later seeks restoration of the appeal, the matter will be considered on its merits. No substantive merits of the original dispute were addressed.
Issues considered
- Whether an appeal may be dismissed for non‑prosecution due to the appellant's failure to appear before the court
Subjects
- civil appeal
- non-prosecution
- dismissal
- procedural default
- restoration
Judgment
LSP 1 24 fa 1451.09.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
First Appeal No. 1451 of 2009
Bulchand Gokuldas Ahuja … Appellant
V/s.
Tapankumar Chatterjee and anr. … Respondents.
None for the Appellant.
Mrs. Jyoti Bajpayee i/b.Ms. S.S. Advocate for Respondent No.2.
Dwivedi
CORAM : S.M. MODAK, J
DATE : 16th September 2026.
P.C. :
1. On 11th August 2026 no one was present on behalf of the
Appellant. It was made clear that on the next date the Appeal will be
dismissed. Today also no one is present. This is the claimant’s appeal
for enhancement.
Digitally
signed by
LATA
LATA SUNIL
SUNIL PANJWANI
PANJWANI Date:
2026.09.16
17:48:16
+0530
2. The Appeal is dismissed for non-prosecution.
3. If steps are taken for restoration, it will be considered on
merits.
(S.M. MODAK, J.)
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