Bombay High Court
MR. ARIF DADA MEMONversusSMT. TAHARIM MOHSIN PATEL AND ORS
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
- Bench
- GAURI GODSE
Holding
The writ petition was dismissed for non‑prosecution.
Summary
Petitioner Mr. Arif Dada Memon filed a writ petition before the Bombay High Court. The petitioner’s counsel failed to submit the required copies of documents, and the petitioner did not appear in court. The court, on 16 January 2026, gave the petitioner a final two‑week opportunity to supply the copies and obtain a notice, warning that failure would result in dismissal. No steps were taken by the petitioner’s advocate and the petitioner remained absent. Consequently, the court dismissed the writ petition for non‑prosecution.
Issues considered
- What is the appropriate consequence when a petitioner fails to appear and does not comply with the court’s direction to furnish required documents?
Subjects
- writ petition
- non‑prosecution
- dismissal
- civil procedure
- court notice
Judgment
24-WP-11291-2015.docx
rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11291 OF 2015
Mr. Arif Dada Memon … Petitioners
Vs.
Smt. Taharim Mohsin Patel … Respondents
and Others
None for the Petitioners.
CORAM : GAURI GODSE, J.
DATE : 27th FEBRUARY 2026
ORDER :
1. On 16th January 2026 the following order was passed :
“1. None appears for the petitioner. Office
remark shows learned Advocate for the
petitioner has not supplied copies, hence notice
is not issued.
2. By way of last chance, two weeks time is
granted to supply copies, failing which the
petition will stand dismissed without further
reference to court.
3. If copies are supplied, office is directed to
issue notice as per order dated 24 th December
2025. Notice is made returnable on 27 th February
2026.
Digitally signed
by RAJESHWARI
RAJESHWARI RAMESH PILLAI
RAMESH Date: 1/2
PILLAI 2026.03.04
10:45:34 +0530
24-WP-11291-2015.docx
4. Learned Advocate for the applicant shall ensure
that copies are supplied and court notice is served by
taking hamdast.”
2. Office remark shows that the learned Advocate for the
petitioner has not taken any steps. Even today, none appears
for the petitioner.
3. The writ petition is dismissed for non-prosecution.
[GAURI GODSE, J.]
2/2
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