Bombay High Court
M/S. BHARAT SALES CORPORATIONversusTHE KHATAU MAKANJI SPINNING and WEAVING CO. LTD.
- Decided
- Disposal
- Dismissed
Holding
The appeal was dismissed for want of prosecution as the appellant could not secure instructions from the legal heirs of the deceased partners.
Summary
M/s Bharat Sales Corporation appealed a civil matter against The Khatau Makanji Spinning & Weaving Co. Ltd. The appellant’s counsel informed the court that all partners of the firm had died and that she could not locate the legal heirs of those deceased partners. Because no instructions could be obtained from the heirs, the appellant was unable to prosecute the appeal. The court examined whether the appeal could continue in the absence of such instructions. Finding that the appellant could not advance the case, the court dismissed the appeal for want of prosecution. Consequently, the accompanying civil application was also disposed of.
Issues considered
- Can an appeal proceed when the appellant is unable to obtain instructions from the legal heirs of all deceased partners?
- Should the civil application survive when the appeal is dismissed for want of prosecution?
Subjects
- procedural law
- want of prosecution
- civil appeal
- legal heirs
- partner death
Judgment
Sayyed 3-FA.363.2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SAYYED
Digitally
signed by
FIRST APPEAL NO.363 OF 2018
SAEED SAYYED
SAEED ALI WITH
ALI AHMED ALI
Date:
AHMED 2026.02.13 CIVIL APPLICATION NO.1034 OF 2018
ALI 16:26:27
+0530
M/s. Bharat Sales Corporation ...Appellant/Applicant
Versus
The Khatau Makanji Spinning
& Weaving Co. Ltd. ...Respondent
_____________________________________________________
Ms. Martina Sapkal & Ms. Namrata B. Kharat i/by Arun Sapkal & Co.
for the Appellant/Applicant.
Mr. Rajiv A. Jadhav a/w Ms. Sonali Lolage for the Respondent.
_____________________________________________________
CORAM : JITENDRA JAIN, J.
DATE : 12 FEBRUARY 2026
P.C.:
1. The learned counsel for the appellant states that all the
partners of the firm have expired and inspite of her best efforts, she
could not contact the legal heirs of the deceased partners.
2. In view of above, for want of instructions from the legal heirs
of all the deceased partners, the appeal is dismissed for want of
prosecution. Consequently, civil application does not survive and is
disposed of.
[ JITENDRA JAIN, J. ]
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