Bombay High Court
SMT. KALPANA DEEPAK NAGPUREversusSANDHYA ASHOK WAGHAVKAR AND ORS
- Decided
- Disposal
- Dismissed
Holding
The Court held that the petitions must be dismissed for non‑prosecution as the parties failed to respond to the Court's communications.
Summary
Two writ petitions were filed in the Bombay High Court – one by Smt. Kalpana Deepak Nagpure and another by the Secretary of Nashik Education Society – against Sandhya Ashok Waghavkar and others. The petitioners' counsel reported that despite repeated communications, the respondents failed to appear or give instructions. An office copy of a dated communication and its postal receipt were produced, showing that the petitioners had been served but still received no response. The Court held that such circumstances amounted to non‑prosecution and ordered the petitions to be listed for dismissal. Consequently, both petitions were dismissed and any interim relief previously granted was vacated.
Issues considered
- Whether a writ petition may be dismissed on the ground of non‑prosecution when the parties fail to cooperate despite service of notice
- Whether interim or ad‑interim relief stands vacated upon dismissal of the petition for non‑prosecution
Subjects
- writ petition
- non‑prosecution
- dismissal
- interim relief
- education society
- employment dispute
- Bombay High Court
Judgment
Digitally
signed by 14.wp.4794.2014.doc
VINA
VINA ARVIND
ARVIND KHADPE
KHADPE Date:
2026.09.07
18:48:17
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4794 OF 2014
Smt. Kalpana Deepak Nagpure … Petitioner
Versus
Sandhya Ashok Waghavkar and ors. … Respondents
WITH
WRIT PETITION NO.11973 OF 2013
The Secretary,
Nashik Education Society … Petitioner
Versus
Sandhya Ashok Waghavkar and ors. … Respondents
***
Mr. P. N. Joshi for the Petitioner in Writ Petition No.11973/2013.
Ms. Saniya I. Khairdi i/b. Mr. I. M. Khairdi for the Petitioner in Writ
Petition No.4794 of 2014.
***
CORAM : M.M. SATHAYE, J.
DATE : 7 SEPTEMBER, 2026
P.C. :
1. On 01.09.2026, the following order was passed :-
“1. Learned counsel appearing for both, the Educational
Institution as well as the concerned employee-Petitioner,
submit that despite their best efforts, their respective clients
are not responding.
2. Learned counsel for the Petitioner in WP No.4794 of 2014
(Smt. Kalpana Deepak Nagpure), has filed on record the
office copy of the written communication dated 07.08.2026
along with the postal receipt and tracking report, showing
that the communication informing today’s date has been
delivered to the said Petitioner on 10.08.2026. It is
submitted that, despite such communication being received,
nobody is coming forward to give instructions.
3. Aforesaid circumstances amount to non-prosecution.
4. Therefore, stand over to 07.09.2026. To be listed ‘for
dismissal’.
Vina Khadpe 1
14.wp.4794.2014.doc
2. Today, both the Petitions are listed for dismissal.
3. Today, learned Counsel Mr. Joshi appears for the Petitioner –
Management in Writ Petition No.11973 of 2013 and places on record
an email communication dated 02.09.2026 instructing him to
withdraw the Petition. The said communication is taken on record
and marked as ‘X’ for identification. Writ Petition No.11973 of 2013 is
disposed of as withdrawn.
4. In view of situation recorded in order dated 01.09.2026, Writ
Petition No.4794 of 2014 is dismissed for non-prosecution.
6. Interim / ad-interim relief, if any, stands vacated in both
petitions.
7. All concerned to act on duly authenticated or digitally signed
QR verifiable copy of this order.
(M.M. SATHAYE, J.)
Vina Khadpe 2
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