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Bombay High Court

DR. DEEPALI PANKAJ ATHAVALEversusCHINMAY APURVA CHATTERJEE AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Dr. Deepali Pankaj Athavale, filed a writ petition on 17 June 2019 in the Bombay High Court. No appearance was made by the petitioner or her counsel at any subsequent hearing. The court record shows that the petitioner made no effort to circulate or pursue the petition after filing. The respondent State, represented by Mr. J.P. Yagnik, appeared before the court. Observing the petitioner’s lack of interest and inactivity, the court concluded that the petition was abandoned. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

  • The court considered whether a writ petition that remains unattended and uncirculated by the petitioner can be dismissed for non‑prosecution.

Subjects

  • writ petition
  • non‑prosecution
  • petition dismissal
  • court procedure
  • high court

Judgment

DTG                                                            277-Wp.3350.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 3350 OF 2019

Dr. Deepali Pankaj Athavale                                  … Petitioner
         V/s.
Chinmay Apurva Chatterjee & Ors.                             … Respondents
                    _______________________________________

None for Petitioner.

Mr. J.P. Yagnik, 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.

17th June 2019, neither the Petitioner nor her 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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