Bombay High Court
VASANT VIHAR CO-OP. HSG. SOCIETY LTD.versusSENIOR POLICE INSPECTOR AND ORS.
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioner, Vasant Vihar Co-Op. Hsg. Society Ltd., filed a writ petition on 17 December 2020 but failed to appear for any hearing. The record shows that neither the petitioner nor its counsel circulated the petition even once after filing. The court observed that the petitioner appeared uninterested in pursuing the matter. The central issue was whether the petition should proceed despite the petitioner’s inaction. The judges held that the petition must be dismissed for non‑prosecution. Consequently, the petition was dismissed.
Issues considered
- Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear or take steps to advance the petition.
Subjects
- writ petition
- non-prosecution
- dismissal
- criminal appellate jurisdiction
- petitioner's inaction
Judgment
ssm 105-wp1438.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1438 OF 2021
Vasant Vihar Co-Op. Hsg. Society Ltd. …..Petitioner
Vs.
Senior Police Inspector & Ors. …..Respondents
____________________________________
None for the Petitioner.
Smt. Madhavi H. Mhatre APP, for the Respondent-State.
____________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 29th AUGUST, 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.
17th December, 2020, 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.)
Digitally signed
by SANJIV
SANJIV SHARNAPPA
SHARNAPPA MASHALKAR 1/1
MASHALKAR Date:
2026.09.07
17:01:06 +0530
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