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Bombay High Court

MEMBERS OF GOLDEN ISLE CHS LTD.versusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioners, Members of Golden Isle CHS Ltd., filed a writ petition on 28 February 2019 in the Bombay High Court. No petitioner or counsel appeared when the matter was called for hearing. The court noted that since filing, the petitioners made no effort to circulate the petition or pursue the matter. It was observed that the petitioners appeared uninterested in continuing the proceedings. Consequently, the court dismissed the petition on the ground of non-prosecution.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear and does not pursue a filed writ petition?

Subjects

  • writ petition
  • non-prosecution
  • dismissal
  • criminal appellate jurisdiction
  • Bombay High Court

Judgment

DTG                                                            180-wp.1403.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 1403 OF 2019

Members Of Golden Isle CHS Ltd.                              … Petitioner
         V/s.
The State of Maharashtra & Ors.                              … Respondents
                    _______________________________________

None for Petitioner.

Smt. Madhvi H. Mhatre, A.P.P. for Respondent-State.
               _______________________________________

                             CORAM : A. S. GADKARI AND
                                     KAMAL KHATA, JJ.
                             DATE  : 17th June 2026

P.C. :

1)              None for the Petitioner when called out for hearing.

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

28th February 2019, neither the Petitioner nor its Advocate has taken any

steps to circulate the Petition, even 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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