Created by Fuzzy Cloud

Bombay High Court

SHILPA SHETTY KUNDRA AND ANR.versusCOMMIISSIONER OF INCOME TAX (TDS)-1 AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The writ petitions are dismissed for non‑prosecution.

Summary

Petitioners Shilpa Shetty Kundra & Anr. filed writ petitions (Nos. 480 and 481 of 2021) challenging orders of the Commissioner of Income Tax (TDS)-1 and others. After filing, the petitioners and their counsel failed to appear or take any steps to advance the petitions after 8 February 2021. The Court observed that the petitioners appeared uninterested in pursuing the matters. Consequently, the High Court dismissed both petitions on the ground of non‑prosecution. The dismissal was recorded by both judges of the bench.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioners fail to appear or take steps to pursue the petition.

Subjects

  • writ petition
  • non‑prosecution
  • income tax
  • procedural default
  • high court

Judgment

                 ssm                                                    37-wp480.2021.doc

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                  CRIMINAL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 480 OF 2021
                                                WITH
                                    WRIT PETITION NO. 481 OF 2021

            Shilpa Shetty Kundra & Anr.                        …..Petitioners
                  Vs.
            Commissioner Of Income Tax
            (TDS)-1 & Ors.                                     …..Respondents
                             ____________________________________

            None for the Petitioners.
            Shri. Ajay Patil APP, for the Respondent-State.
            Mr. Suresh Kumar a/w Adv. Y.S. Bhate and Adv. Sachidanand T. Singh for
            the Respondent Nos.1 and 2.
            Mr. D.P. Singh a/w Adv. Aditya Thakkar for the Respondent No.3-UOI.
                               ____________________________________

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

            1)              None for Petitioners when called out for hearing.

            2)              Record indicates that, after 8th February, 2021, neither the

            Petitioners nor their Advocates have taken any steps to circulate the

            Petitions, even once.

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

            the Petition.

            3)              Both the Petitions are dismissed for non-prosecution.



                       (KAMAL KHATA, J.)                         (A.S. GADKARI, J.)
          Digitally signed
          by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR                                                                         1/1
MASHALKAR Date:
          2026.09.07
          17:01:07 +0530


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.