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Bombay High Court

SWAMI KRUPA DEVELOPERS THROUGH SUNIL VASANT CHAWANDEversusSTATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The court dismissed the interim application for restoration of the petition on the ground of non‑prosecution.

Summary

The applicant, Swami Krupa Developers, filed an interim application seeking restoration of a writ petition. The court directed the applicant's counsel to consider the recent Supreme Court judgment in Sujal Vishwas Attavar v. State of Maharashtra before proceeding. The applicant failed to appear for the second hearing, indicating a lack of interest in pursuing the application in light of the Supreme Court decision. Consequently, the court dismissed the interim application for non‑prosecution. The dismissal was based on the applicant's non‑appearance and the controlling precedent set by the Supreme Court.

Issues considered

  • Whether the interim application for restoration of the writ petition should be entertained in view of the Supreme Court's decision in Sujal Vishwas Attavar v. State of Maharashtra.
  • Whether the applicant's failure to appear constitutes grounds for dismissal for non‑prosecution.

Subjects

  • restoration of petition
  • interim application
  • non‑prosecution
  • Supreme Court precedent
  • criminal appellate jurisdiction

Judgment

DTG /TSB                                                    11-Ia-147-2026.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 147 OF 2026
                                    IN
                       WRIT PETITION NO. 4222 OF 2023

Swami Krupa Developers                            … Applicant
         V/s.
The State of Maharashtra & Ors.                   … Respondents
                   _______________________________________

Adv. Tej Singh a/w Adv. Jaiprarkash Rajbhar and Adv. Prived Malushte for
Applicant in Ist Session.

None for Applicant in IInd Session.

Smt. P.P. Shinde, A.P.P. for Respondent-State.
                  _______________________________________

                           CORAM : A. S. GADKARI AND
                                   KAMAL KHATA, JJ.
                           DATE  : 5th October 2026

P.C. :


1)              By a praecipe dated 27th September 2026, learned Advocate for

the Applicant sought urgent circulation to seek an order of restoration of the

Petition.

2)              During the course of hearing, upon perusal of the record and

particularly the prayers sought in the Petition, we drew attention of learned

Advocate for the Applicant to the recent Supreme Court judgment in the case

of Sujal Vishwas Attavar vs. State of Maharashtra reported in 2026 SCC


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                        DTG /TSB                                                     11-Ia-147-2026.doc



                        OnLine SC 798 and asked him to consider the same before seeking

                        restoration of the Petition.

                        3)            At his request, the matter was kept back, to be called out in the

                        second session.

                        4)            In the second session, when the matter was called out for

                        hearing, none appeared on behalf of the Applicant.

                        5)             It appears that, the Applicant is not interested in pursuing the

                        Application in view of the law laid down by the Hon’ble Supreme Court in

                        the case of Sujal Vishwas Attavar (supra).

                        6)            Accordingly, Application is dismissed for non-prosecution.




                                   ( KAMAL KHATA, J. )               ( A.S. GADKARI, J. )


            Digitally signed
            by
DNYANESHWAR DNYANESHWAR
TULSHIRAM   TULSHIRAM
GHUMNAR     GHUMNAR
            Date: 2026.10.08
            15:54:08 +0530




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