Bombay High Court

MOIRAE GENERICS PVT. LTD. THR ITS DIRECTORversusASSISTANT COMMISSIONER FOOD AND DRUG AND ANR

Decided: 13 January 2026
Disposal: Disposed Off
Bench: SHARMILA U DESHMUKH

Holding

The petition is dismissed for non-prosecution due to the petitioner’s failure to provide instructions to counsel.

Summary

The petitioner, Moirae Generics Pvt. Ltd., filed a writ petition before the High Court of Bombay challenging the actions of the Assistant Commissioner, Food and Drug. The petitioner’s counsel informed the Court that he had not received any instructions from the petitioner to continue with the proceedings. Consequently, the counsel was unable to advance the case. The Court considered the lack of instructions as a failure to prosecute the petition. In view of this, the Court dismissed the petition for non-prosecution. The dismissal was pronounced by Justice Sharmila U. Deshmukh on 13 January 2026.

Issues considered

What is the appropriate course of action when a petitioner’s counsel receives no instructions to proceed with a writ petition?

Subjects

writ petition
non-prosecution
procedural default
court dismissal

Judgment

2026:BHC-AS:89

                                                                         32 WP-5781-2023.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 5781 OF 2023

                 Moirae Generics Pvt. Ltd.                               ...Petitioner
                           Versus
                 Assistant Commissioner Food and Drug & Anr.             ...Respondents

                                              ——————
                 Mr. Prashant Mahajan i/b Mr. Kalpesh Patil for Petitioner.
                 Ms. Mamta Srivastava, AGP for Respondent-State.
                                              ——————

                                              CORAM : SHARMILA U. DESHMUKH, J.
                                              DATE    : JANUARY 13, 2026


                 P. C. :

                 1.        Learned counsel for Petitioner submits that there are no

                 instructions received from Petitioner and as such, he is unable to

                 proceed further with the matter.

                 2.        In view of the said submission, the Petition stands dismissed for

                 non-prosecution.



                                                         [SHARMILA U. DESHMUKH, J.]




                 Sairaj                              1 of 1

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