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Bombay High Court

MR.RAJKUMAR BHAYALAL JAISWALversusBHARAT HEAVY ELECTRICALS LTD.

Decided
Disposal
DISPOSED OFF

Holding

The writ petition is dismissed for default due to the petitioner's failure to appear.

Summary

The petitioner, Rajkumar Bhayalal Jaiswal, filed Writ Petition No.1983 of 2017 before the Bombay High Court. No counsel appeared on the scheduled hearing date of 21 July 2026, and the petitioner again failed to appear on the subsequent date of 31 July 2026. The respondent, Bharat Heavy Electricals Ltd., was represented by Mr. Niraj Prajapati and Mr. Mahesh Shukla. The Court was required to consider whether the petition could proceed in the absence of the petitioner’s presence. Applying the principle that a party’s failure to appear amounts to a default, the Court dismissed the petition. The order was signed by Justices Farhan P. Dubash and R.I. Chagla on 31 July 2026.

Subjects

  • default judgment
  • writ petition
  • civil procedure
  • non-appearance

Judgment

                                                                                                                                                          3-WP 1983.2017.doc
                                                                                                                    Rajkumar Bhayalal Jaiswal Vs. Bharat Heavy Electricals Ltd.,



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION


                                          WRIT PETITION NO.1983 OF 2017

                    Rajkumar Bhayalal Jaiswal                                                                                                                                                                                       …Petitioner

                                 Versus

                    Bharat Heavy Electricals Ltd.,                                                                                                                                                                                  …Respondent
                                                                                                        ----------
                   None for the Petitioner.
                   Mr. Niraj Prajapati a/w Mr. Mahesh Shukla for the Respondent.
                                                  ----------
                                            CORAM : R.I. CHAGLA AND
                                                          FARHAN P. DUBASH, JJ.

                                                DATE                                                                                   :                            31 JULY, 2026.
                   ORDER :


                   1.               None appeared for the Petitioner on the prior date viz.

                   on 21st July, 2026. Today also, none appears for the Petitioner.


                   2.               Accordingly, the Writ Petition No.1983 of 2017 is

                   dismissed for default.




                                    [FARHAN P. DUBASH, J.]                                                                                                                                                                          [R.I. CHAGLA, J.]
KAVITA
SUSHIL
JADHAV
Digitally signed
                   Kavita S.J.
by KAVITA
SUSHIL JADHAV
Date: 2026.08.01
12:00:08 +0530


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                                                                 Order dated 31 July, 2026


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