Bombay High Court
SHRI. ARVIND C. JHAVERIversusTHE UNION OF INDIA THROUGH MINISTRY OF LAW AND JUSTICE, AND ANR
- Decided
- Disposal
- DISMISSED FOR NON-PROSECUTION/DEFAULT AT ADMISSION STAGE
Holding
The appeals were dismissed for non-prosecution due to the appellants' absence.
Summary
The High Court of Bombay heard multiple FERA appeals where none of the appellants appeared, despite previous notices. The court noted that the matters were old and, after reviewing the records, found no live issue remaining. Since the appellants were absent, the court exercised its power to dismiss the appeals for non-prosecution. The dismissal was ordered without any substantive hearing on the merits. The judgment underscores the procedural requirement of prosecution of appeals and the consequences of non-appearance.
Issues considered
- Can an appeal be dismissed for non-prosecution when the appellant fails to appear?
Subjects
- non-prosecution
- appeal dismissal
- absence of parties
- procedural default
- FERA
Judgment
24-FERA-109-2006 (C).DOC
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.09.08
19:44:42
+0530
Pallavi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FERA APPEAL NO. 109 OF 2006 (Sr. No.24)
Rasik K. Bhansali … Appellant
Versus
Special Director of Enforcement And Anr. …Respondents
AND
FERA APPEAL NO. 114 OF 2006 (Sr. No.25)
M/s. Siraj & Sons And Ors. …Appellants
Versus
Foreign Exchange Appellate Boards And Ors. …Respondents
AND
FERA APPEAL NO. 14 OF 2010 (Sr. No.27)
Shri. Arvind C. Jhaveri …Appellant
Versus
The Union Of India Through Ministry Of Law …Respondents
And Justice, And Anr.
None for the Appellants.
CORAM: SUMAN SHYAM &
ADVAIT M. SETHNA, JJ.
DATED: 7th SEPTEMBER 2026.
PC:-
1. None appears for the Appellants, when the Appeals were
called out.
Page 1 of 2
24-FERA-109-2006 (C).DOC
2. The learned counsel for the Appellant(s) was/were absent
even on the previous occasion i.e. on 24 th August 2026 when the
matters were posted before this Court, as a result of which,
direction was issued to list the Appeals today for dismissal.
3. Today also, no one has appeared for the Appellants. This
being an old matter, after going through the records, we are of the
tentative opinion that no live issue survives in these Appeals. Be
that as it may, since the Appellant(s) is/are absent today, the
Appeals stand dismissed for non-prosecution.
(ADVAIT M. SETHNA, J.) (SUMAN SHYAM, J.)
Page 2 of 2
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