Bombay High Court
ESSEL SECURITIES LIMITED THROUGH ITS DIRECTORversusTHE CUSTODIAN AND ORS.
- Decided
- Disposal
- DISPOSED OFF
- Bench
- N JAMADAR
Holding
The application is dismissed for want of prosecution.
Summary
Essel Securities Ltd filed a miscellaneous application before the Special Court (Securities) but failed to appear on the hearing date and had also been absent on previous dates. The Court noted that the applicant appeared to have lost interest in prosecuting the application. Consequently, the Court considered whether the application should be dismissed for want of prosecution. Relying on procedural rules that require active prosecution of applications, the Court dismissed the application. The dismissal was entered as the applicant did not pursue the matter.
Issues considered
- Whether the miscellaneous application should be dismissed for want of prosecution due to the applicant's non‑appearance?
Subjects
- miscellaneous application
- want of prosecution
- dismissal
- Special Court (Securities)
- procedural default
- non‑appearance
Judgment
Digitally signed
by SWAROOP
SWAROOP SHARAD
PHADKE
SHARAD
PHADKE
Date:
2026.08.25
1 spma 28 of 2025.doc
10:33:33
+0530
IN THE SPECIAL COURT
(TRIAL OF OFFENCES RELATING TO TRANSACTIONS
IN SECURITIES) ACT, 1992
MISC. APPLICATION NO.28 OF 2025
Essel Securities Ltd. … Applicant
versus
The Custodian and Anr. … Respondents
None for Applicant.
Mr. Gandhar Raikar with Ms. Shilpa Bhate (through VC) with Ms. Payal
Mehta, for Respondent No.1.
Mr. Siddhant Marathe i/by Shardul Amarchand Mangaldas and Co., for
Respondent No.2.
CORAM: N.J.JAMADAR, J.
JUDGE, SPECIAL COURT
DATE : 21 AUGUST 2026
P.C.
1. Heard the learned Counsel for the parties.
2. None present for the Applicant.
3. None appeared for the Applicant on the previous dates as well and,
therefore, the matter came to be posted today for dismissal order. It appears
that the Applicant has lost interest in prosecuting this Application.
4. Misc. Application stands dismissed for want of prosecution.
( N.J.JAMADAR, J. )
SSP 1/1
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