Bombay High Court

MARATHWADA SAMARTH KAMGAR SANGHATNA VISHNU NAGAR AURANGABAD THROUGH SECRETARYversusMANAGER TEJAS PRESS METAL WORKS PVT LTD WALUJ

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

A writ petition that is not prosecuted and where the petitioner fails to appear may be dismissed in default for want of prosecution.

Summary

The labour union Marathwada Samarth Kamgar Sanghatna filed a writ petition in 2020 against the manager of Tejas Press Metal Works seeking relief (the specific relief is not stated). The petition remained pending for several years without any further action by the petitioner. On both the morning and afternoon sessions of the hearing on 8 January 2026, no representative of the petitioner appeared before the court. The judge observed that the petitioner had shown no interest in prosecuting the matter. Consequently, the court dismissed the petition in default for want of prosecution. The dismissal effectively ends the petition without any substantive adjudication on the merits.

Issues considered

What is the appropriate remedy when a writ petition remains unprosecuted and the petitioner fails to appear before the court?

Subjects

default dismissal
want of prosecution
writ petition
high court
labour union

Judgment

2026:BHC-AUG:438
                                                                     967-WP-3521-2020.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                                967 WRIT PETITION NO. 3521 OF 2020

            Marathwada Samarth Kamgar Sanghatna Vishnu Nagar Aurangabad
                                 Through Secretary
                                      VERSUS
                    Manager Tejas Press Metal Works Pvt Ltd Waluj

                                               …..
                                               …..

                                           CORAM : SIDDHESHWAR S. THOMBRE, J.
                                           DATE       : 08.01.2026


          PER COURT :

          1.       In the morning session, when the matter was called out, none

          appears for the Petitioner and, therefore, the matter was kept back. In

          the afternoon session also, when the matter was called out, nobody

          appears for the Petitioner.



          2.       This Petition is pending since 2020 and the same is not

          prosecuted. It seems that the Petitioner is not interested in prosecuting

          the matter. Hence, the Petition is dismissed in default for want of

          prosecution.




                                                  [SIDDHESHWAR S. THOMBRE, J.]


          Sameer/January-2026


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