Bombay High Court

REKHA DNYANESHWAR KUNTEversusM/S. CAMBATA AVIATION PVT. LTD. AND ORS

Decided: 18 April 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

A writ petition may be dismissed for non‑prosecution where the petitioner fails to appear and takes no steps to advance the petition.

Summary

Rekha Dnyaneshwar Kunte filed a writ petition on 23 February 2018 in the Bombay High Court. The petitioner failed to appear for the hearing and, according to the record, made no effort to circulate the petition thereafter. The court observed that the petitioner appeared uninterested in pursuing the relief sought. On this basis, the judges held that the petition could not be kept pending. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

Whether a writ petition should be dismissed for non‑prosecution when the petitioner fails to appear and makes no effort to advance the petition?

Subjects

writ petition
non‑prosecution
dismissal
criminal appellate jurisdiction
court procedure

Judgment

DTG                                                              250-WP-1234-2018.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 1234 OF 2018

Rekha Dnyaneshwar Kunte                                …Petitioner
         V/s.
M/S. Cambata Aviation Pvt. Ltd. & Ors.                 … Respondents
                _______________________________________
None for Petitioner.
Smt. P.P. Shinde, A.P.P. for Respondent-State.
                  _______________________________________

                             CORAM : A. S. GADKARI AND
                                     KAMAL KHATA, JJ.
                             DATE  : 18th April 2026

P.C. :


1)              None for Petitioner when called out for hearing.

2)              Record indicates that, since the date of filing of the Petition i.e.

23rd February 2018, the Petitioner and/or her Advocate has not taken any

steps to circulate the Petition, even for once.

2.1)            It appears that, the Petitioner is not interested in pursuing the

Petition.

3)              Dismissed for non-prosecution.



                ( KAMAL KHATA, J. )                    ( A.S. GADKARI, J. )




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