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Bombay High Court

Port Health Organization Represented through the Port Health OfficerversusThe Union of India Represented through Executive Engineer MCD 1 CPWD

Decided
Disposal
DISMISSED

Holding

The interim application and the arbitration petition are dismissed for want of prosecution.

Summary

The Union of India filed an arbitration petition (L) No.144 of 2020 against its own executive engineer, with the Port Health Organization as applicant. No counsel appeared for the petitioner, and the court observed that the petitioner had lost interest in pursuing both the interim application and the arbitration petition. Consequently, the court dismissed the interim application and the arbitration petition for want of prosecution. No substantive merits of the dispute were addressed. The dismissal was purely procedural due to lack of prosecution.

Issues considered

  • What is the appropriate consequence when a petitioner loses interest and fails to prosecute an interim application and arbitration petition?

Subjects

  • arbitration
  • want of prosecution
  • procedural dismissal
  • civil procedure
  • interim application

Judgment

                                                                                     43-IA-3834-25IN ARBP.DOC



 JYOTI                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 RAJESH
 MANE                             ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed
by JYOTI
RAJESH MANE
Date: 2026.09.24
14:37:14 +0530
                                    INTERIM APPLICATION NO.3834 OF 2025
                                                    IN
                                   ARBITRATION PETITION (L) NO.144 OF 2020


                   Port Health Organization Represented
                   through the Port Health Officer                          ...Applicant

                   In the matter between:

                   The Union of India                                       ...Petitioner
                          Versus
                   The Union of India Represented
                   In through Executive Engineer MCD 1                      ...Respondents
                   CPWD
                                                    _______
                   None for Applicant/Petitioner.
                   Mr. Anil Bagwe a/w. Ms. Krutika Valanje, for Respondents.
                                                         _______

                                               CORAM:          AARTI SATHE, J.

                                                 DATE:         23 SEPTEMBER 2026

                   P.C.

                   1.         None appears on behalf of the Applicant/Petitioner. It appears that the

                   Petitioner has lost interest in prosecuting the present Interim Application as well as

                   the Arbitration Petition.

                   2.          In the circumstances, the Interim Application as well as the Arbitration

                   Petition are dismissed for want of prosecution.




                                                      (AARTI SATHE, J.)




                                                      Page 1 of 1
                   Mane


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