Bombay High Court

AVARSEKAR REALTY PRIVATE LIMITED THROUGH CHANDAN KUMAR SINGHversusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 17 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution.

Summary

Avarsekar Realty Private Limited filed Writ Petition No. 3763 of 2019 in the Bombay High Court challenging the State of Maharashtra. The petitioner failed to appear for the hearing and, after 14 August 2019, neither the petitioner nor its counsel took any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the matter. The central issue was whether the petition could continue despite the lack of prosecution. Relying on the absence of any action by the petitioner, the court held that the petition could not be entertained further. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

Whether the writ petition should be dismissed for non‑prosecution due to the petitioner’s failure to appear and take steps to pursue the case?

Subjects

writ petition
non‑prosecution
dismissal
high court
procedural default

Judgment

DTG                                                          295-Wp.3763.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 3763 OF 2019

Avarsekar Realty Private Limited
Through Chandan Kumar Singh                                … Petitioner
         V/s.
The State of Maharashtra & Anr.                            … Respondents
                   _______________________________________

None for Petitioner.

Mr. Ashish I. Satpute, 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, after 14th August 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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