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Bombay High Court

ROMASTER MULJI DISCRETIONARY TRUST THROUGH VIJAY UDANIversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioner, Romaster Mulji Discretionary Trust, filed a writ petition on 2 August 2019 seeking relief against the State of Maharashtra. No further action was taken by the petitioner or its counsel to advance the petition, including any attempt to circulate it. The court noted the petitioner’s apparent lack of interest in pursuing the matter. The central issue was whether the petition could continue despite the petitioner’s inaction. The court held that the petition must be dismissed for non-prosecution. Consequently, the petition was dismissed, ending the proceedings.

Issues considered

  • Whether a writ petition may be dismissed for non-prosecution when the petitioner fails to take any steps to pursue it.

Subjects

  • writ petition
  • non-prosecution
  • dismissal
  • criminal appellate jurisdiction
  • petitioner's inaction

Judgment

             ssm                                                             77-wp3981.2019.doc

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                     CRIMINAL APPELLATE JURISDICTION

                                       WRIT PETITION NO. 3981 OF 2019

       Romaster Mulji Discretionary
       Trust Through its Trustee
       Mr. Vijay Udani                                                       …..Petitioner

                  Vs.

       The State Of Maharashtra & Ors.                                       …..Respondents

                                    ____________________________________

       None for the Petitioner.
       Mr. Ashish I. Satpute APP, for the Respondent-State.
                         ____________________________________

                                                   CORAM :      A. S. GADKARI AND
                                                                KAMAL KHATA, JJ.
                                                     DATE :     22nd 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.

       2nd 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.)

            Digitally signed
            by SANJIV                                                                             1/1
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date:
            2026.06.29
            12:25:43 +0530


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