Bombay High Court

SIDDHIVINAYAK CO-OP. INDUSTRIAL PREMISES SOC. LTD. BUILD. NO. 8 THROUGH ITS CHAIRMAN AND SECRETARYversusTHE STATE OF MAHARASHTRA THROUGH MINISTRY OF CO-OPERATIVE AFFAIRS AND ORS.

Decided: 7 October 2026
Disposal: Dissmiss For Default/Non-Prosecution

Holding

The writ petition is dismissed for non‑prosecution.

Summary

The petitioner, Swapnil Siddhivinayak Co-op. Industrial Premises Society Ltd., filed a writ petition challenging actions of the State of Maharashtra and other respondents. The petition required service of process on unserved respondents, for which the petitioner was granted time on 21 August 2026. The petitioner sought an adjournment on 16 September 2026, but no service was effected thereafter. On the next hearing, the petitioner failed to appear before the Court. The Court, noting the lack of prosecution and non‑compliance with procedural directions, dismissed the writ petition for non‑prosecution.

Issues considered

What is the appropriate consequence when a petitioner fails to comply with court directions to serve unserved respondents and does not appear for hearing?

Subjects

writ petition
non‑prosecution
dismissal
procedural default
service of process

Judgment

2026:BHC-AS:40909-DB

28-WP-10194-2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10194 OF 2025
Swapnil
Siddhivinayak Co-op. Industrial Premises
Soc. Ltd. Build. No. 8 Through Its
Chairman and Secretary. …Petitioner
Vs.
The State Of Maharashtra Through
Ministry Of Co-operative Affairs and Ors. …Respondents

None for the petitioner.
Ms. S. D. Chipade, AGP for the State.
Ms. Khushnumah Banerjee i/b. Vidhii Partners for
respondent no.3.

CORAM : GAURI GODSE, J.

DATE : 7th OCTOBER 2026

ORDER :

1. On 21st August 2026, Learned advocate for the

petitioner was granted time to take steps to serve the

unserved respondents as per the office remarks.

2. On 16th September 2026, the writ petition was

adjourned at the request of the learned counsel for the

petitioner. Office remark shows that till date no steps have

been taken to serve the unserved respondents.

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28-WP-10194-2025.docx

3. Today, none appears for the petitioner when called out.

4. The writ petition is dismissed for non-prosecution.

[GAURI GODSE, J.]

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