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Bombay High Court

BHARAT MAVJI CHHEDA AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioners, Bharat Mavji Chheda and another, filed a writ petition in the Bombay High Court. They failed to appear when called for hearing and did not take any steps to circulate the petition after 16 January 2020. The court observed that the petitioners appeared uninterested in pursuing the matter. Consequently, the court dismissed the petition on the ground of non-prosecution. No substantive merits of the petition were considered.

Issues considered

  • Whether a writ petition may be dismissed for non-prosecution when the petitioners fail to appear and take no steps to advance the petition

Subjects

  • non-prosecution
  • petition dismissal
  • court procedure
  • writ petition

Judgment

                       DTG                                                                53-Wp-5403-2019.doc



                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                  CRIMINAL APPELLATE JURISDICTION

                                                   WRIT PETITION NO. 5403 OF 2019

                       Bharat Mavji Chheda & Anr.                                        … Petitioners
                                     V/s.
                       The State of Maharashtra & Ors.                                   … Respondents
                                                _______________________________________

                       None for Petitioners.

                       Mr. Ashish I. Satpute, A.P.P. for Respondent-State.

                       Adv. P.P. Chavhan i/b Ms. Komal Punjabi for Respondent-BMC.
                                        _______________________________________

                                                        CORAM : A. S. GADKARI AND
                                                                KAMAL KHATA, JJ.
                                                        DATE  : 31st July 2026

                       P.C. :

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

                       2)                   Record indicates that, after 16th January 2020, neither the

                       Petitioners nor their Advocates have taken any steps to circulate the Petition,

                       even once.

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

                       Petition.

                       3)                   Dismissed for non-prosecution.



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

               Digitally signed by
               DNYANESHWAR
DNYANESHWAR TULSHIRAM
TULSHIRAM
GHUMNAR
            GHUMNAR                                                                                             1/1
            Date: 2026.08.06
               18:59:57 +0530


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