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Bombay High Court

M/S ORIENTAL ENTERPRISEversusTHE STATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, M/s. Oriental Enterprise, filed a writ petition in the Bombay High Court but failed to appear for the hearing. The record shows that after 27 February 2020, neither the petitioner nor its counsel took any steps to circulate the petition. The court inferred that the petitioner was not interested in pursuing the matter. Consequently, the petition was dismissed for non‑prosecution. The judgment was delivered by Justices A.S. Gadkari and Kamal Khata. No substantive merits of the petition were examined as the case was terminated on procedural grounds.

Issues considered

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

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • procedural default
  • Bombay High Court

Judgment

               ssm                                                          41-wp57.2019.doc

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                     CRIMINAL APPELLATE JURISDICTION

                                        WRIT PETITION NO. 57 OF 2019

       M/s. Oriental Enterprise                                            …..Petitioner

                  Vs.

       State Of Maharashtra & Anr.                       …..Respondents
                       ____________________________________

       None for the Petitioner.
       Mr. J.P. Yagnik 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, after 27th February, 2020, 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
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date:
            2026.06.29
            12:27:21 +0530
                                                                                               1/1


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