Bombay High Court
HETERO INTERNATIONALversusIDBI BANK LTD. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is dismissed as infructuous because the underlying suit was dismissed for want of prosecution.
Summary
Hetero International filed a writ petition in the Bombay High Court challenging actions of IDBI Bank Limited and others. The respondents produced a copy of an order dated 15 April 2023 wherein the underlying suit was dismissed for want of prosecution. The petitioner argued that the dismissal of the suit should not affect the writ petition. The Court examined whether the petition remained maintainable after the suit's dismissal. Finding that the suit's dismissal rendered the petition infructuous, the Court disposed of the petition.
Issues considered
- Whether a writ petition remains maintainable when the underlying suit has been dismissed for want of prosecution
Subjects
- writ petition
- want of prosecution
- dismissal
- infructuous
- civil appellate jurisdiction
Judgment
2026:BHC-AS:39939
Megha 24_wp_1233_2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1233 OF 2019
Hetero International ...Petitioner
V/s.
IDBI Bank Limited and Ors. ...Respondents
________________
Ms. Grishma Mody i/b. M/s. Kartikeya & Associates for the Petitioner.
Ms. Arpita Tiwari i/b. Mr. Anil Agarwal for Respondent No.2.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 30 SEPTEMBER 2026.
P.C.:
1) The learned counsel appearing for the Respondent places on
record copy of order dated 15 April 2023 by which the Suit itself is
dismissed for want of prosecution.
2) In that view of the matter, the Petition has been rendered
infructuous and is disposed of as such.
[SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
Page No.1 of 1
Designation: PA To Honourable Judge 30 September 2026
Date: 01/10/2026 11:20:39
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