Bombay High Court

NORTH STAR GEMS (INDIA) LTD. AND ANRversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 29 August 2026
Disposal: Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners, North Star Gems (India) Ltd. and another, filed a writ petition in the Bombay High Court. They failed to appear for the hearing on 9 February 2026 and again on 29 August 2026, and no steps were taken to circulate the petition thereafter. The Court observed that the petitioners appeared uninterested in pursuing the petition. Consequently, the Court dismissed the writ petition for non‑prosecution. The dismissal also resulted in the disposal of the two interim applications filed alongside the petition.

Issues considered

Whether the writ petition should be dismissed for non‑prosecution due to the petitioners' failure to appear and pursue the case

Subjects

Writ Petition
Non‑prosecution
Dismissal
Criminal Appellate Jurisdiction
Bombay High Court

Judgment

     ssm                                                    10-wp48.2021.doc




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

                       WRIT PETITION NO. 48 OF 2021

                                     WITH

                  INTERIM APPLICATION NO. 2950 OF 2021

                                     WITH

                  INTERIM APPLICATION NO. 2867 OF 2021

North Star Gems (India) Ltd. & Anr.                        …..Petitioners

         Vs.

State Of Maharashtra & Ors.                                …..Respondents

                    ____________________________________

None for the Petitioners.
Shri. S. V. Gavand APP, for the Respondent-State.
                  ____________________________________

                                 CORAM :      A. S. GADKARI AND
                                              KAMAL KHATA, JJ.
                                    DATE :    29th AUGUST, 2026.


P.C.:-

1)             None for the Petitioners when called out for hearing.

2)             Record indicates that, even on earlier occasion i.e. on 9 th

February, 2026, none had appeared for the Petitioners.          That, after 9 th

February, 2026, neither the Petitioners nor their Advocates have taken any

steps to circulate the Petition, even once.

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                 ssm                                                      10-wp48.2021.doc

          2.1)                It appears that, the Petitioners are not interested in pursuing

          the Petition.

          3)                  Dismissed for non-prosecutin.

          4)                  In view of dismissal of Writ Petition, Interim Application Nos.

          2867 of 2021 and 2950 of 2021, do not survive and are also disposed off.



                      (KAMAL KHATA, J.)                           (A.S. GADKARI, J.)

               Digitally signed
          by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 2026.09.07
               16:54:34 +0530




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