Bombay High Court
JAYASHRI VIJAYKUMAR TEKALEversusTHE VAIJINATH CO OPERATIVE URBAN BANK LTD THROUGH CHIEF EXECUTIVE OFFICER
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed in default for want of prosecution.
Summary
The petitioner, Jayashri Vijaykumar Tekale, filed a writ petition against Vaijinath Co-operative Urban Bank Ltd. The petitioner failed to appear before the court on multiple occasions, including the scheduled hearing on 6 January 2026 and the adjourned hearing on the same day, as well as on 8 January 2026. Despite the court’s directions to appear, no representation was made on behalf of the petitioner. Consequently, the court listed the petition for dismissal in the urgent orders category. The writ petition was ultimately dismissed in default for want of prosecution.
Issues considered
- What is the appropriate remedy when a petitioner fails to appear and prosecute a writ petition?
Subjects
- default judgment
- writ petition
- want of prosecution
- procedural default
- court dismissal
Judgment
2026:BHC-AUG:595
1 909 WP 13295-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
909 WRIT PETITION NO. 13295 OF 2019
JAYASHRI VIJAYKUMAR TEKALE
VERSUS
THE VAIJINATH CO OPERATIVE URBAN BANK LTD THROUGH CHIEF
EXECUTIVE OFFICER
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 08.01.2026
PER COURT :
1. None appears for the petitioner.
2. On 06.01.2026, the following order was passed :
“1. None appears for the petitioner.
2. In fact, when this matter was called in the morning
session, none appeared on behalf of the petitioner.
Even on Court’s motion, when the matter was kept
back in the afternoon session to give one more
opportunity to the petitioner, none appeared on behalf
of the petitioner.
3. List the petition on 08.01.2026, under the caption “For
Dismissal” in urgent orders category.”
3. Today also, none appears for the petitioner.
4. In view thereof, the Writ Petition stands dismissed in default for
want of prosecution.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
Pooja Kale/
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