Bombay High Court

MR. MANOJ MAHENDRA JHAversusNATIONAL INSURANCE CO. LTD.

Decided: 6 February 2026
Disposal: Disposed Off
Bench: R M JOSHI

Holding

The appeal was dismissed for want of prosecution due to the appellant's absence.

Summary

Manoj Mahendra Jha filed an appeal before the Bombay High Court against National Insurance Company Limited and another respondent. The appellant failed to appear before the court despite being served with notice. The court noted that the appellant's absence indicated a lack of interest in prosecuting the appeal. Consequently, the court applied the principle that an appeal cannot proceed without the appellant's participation. The judgment dismissed the appeal for want of prosecution. No substantive merits of the dispute were addressed.

Issues considered

Whether an appeal may be dismissed for want of prosecution when the appellant is absent?

Subjects

appeal
want of prosecution
civil procedure
high court
absence of appellant

Judgment

                                                                              78 FA 2510-25-C.DOC




                                                                                      Priya Soparkar


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                       FIRST APPEAL NO.2510 OF 2025

                      Manoj Mahendra Jha                                       …Appellant
                            Versus
                      National Insurance Company Limited and anr.              …Respondents


                      None for the Appellant.
                      Ms. Poonam Mital, for the Respondent No.1.


                                           CORAM:           R. M. JOSHI, J.
                                           DATED:           6th FEBRUARY, 2026.
                      PC:-


                      1.     None for the Appellant.

                      2.     Absence of the Appellant indicates that Appellant has no
                      interest in prosecuting appeal.

                      3.     Hence, appeal stand dismissed, for want of prosecution.


                                                                              (R. M. JOSHI, J.)
                                                                                                   {




PRIYA
RAJESH
SOPARKAR
Digitally signed by
PRIYA RAJESH
SOPARKAR
Date: 2026.02.09
10:33:16 +0530

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                                                 6 February, 2026.

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