Bombay High Court

KALYAN DHONDIRAM DHAPATEversusMAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD THROUGH ITS MANAGER AND ANOTHER

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The petition is dismissed in default for want of prosecution.

Summary

The petitioner, Kalyan Dhondiram Dhapate, filed writ petition No. 10402 of 2016 in the Bombay High Court, Aurangabad Bench, seeking relief against Mahindra and Mahindra Financial Services Ltd. The petition remained pending for ten years without any appearance by the petitioner. On 26 March 2026, the court noted the petitioner’s absence and ordered the matter to be placed for dismissal the next day. The petitioner again failed to appear on 27 March 2026, leading the court to infer a lack of interest in prosecuting the case. Consequently, the court dismissed the petition in default for want of prosecution. No substantive merits of the petition were examined.

Issues considered

Whether the writ petition should be dismissed for want of prosecution due to the petitioner’s failure to appear before the court

Subjects

writ petition
default dismissal
want of prosecution
high court
civil procedure

Judgment

2026:BHC-AUG:13583
1 of 1 921-WP.10402.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

921 WRIT PETITION NO. 10402 OF 2016

KALYAN DHONDIRAM DHAPATE
VERSUS
MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD THROUGH
ITS MANAGER AND ANOTHER
...
Mr. Santosh S. Dambe, Advocate for the Petitioner is Absent.
Mr. Ramdas K. Bhakde and Ms. Pooja Tayade, Advocate for Respondent
No.1.
...

CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 27th MARCH 2026
P.C.:-

1. On 26.03.2026, the following order was passed:-

“1. None appears for the petitioner.

2. Place the matter for dismissal on 27.03.2026.”

2. Today also none appears for the Petitioner. It seems that the

Petitioner is not interested to prosecute this matter. This matter is

pending since 2016 for admission.

3. In view thereof, the present petition is dismissed in default

for want of prosecution.

(SIDDHESHWAR S. THOMBRE, J.)

Tauseef

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