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Bombay High Court

M/S. S. B. ASSOCIATES AND CONSTRUCTION CO. THROUGH MR. SUDHAKAR BELOSE AND ANRversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioners, M/s S. B. Associates and Construction Co., filed a writ petition on 8 February 2018. No steps were taken by the petitioners or their counsel to circulate or pursue the petition after filing. The petitioners failed to appear when called for hearing. The court observed that the petitioners appeared uninterested in continuing the proceedings. Consequently, the High Court dismissed the petition on the ground of non-prosecution.

Issues considered

  • What is the appropriate consequence when a petitioner fails to prosecute a writ petition after filing?

Subjects

  • writ petition
  • non-prosecution
  • dismissal
  • high court
  • procedural default

Judgment

                         sbw                                                     213-wp-632-2018.doc

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                          CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO.632 OF 2018

                    M/s. S. B. Associates and Construction
                    Co. Through Mr. Sudhakar Belose & Anr.                        … Petitioners

                             V/s.

                    The State of Maharashtra & Anr.                               … Respondents




                    None for the Petitioners.
                    Smt. P. P. Shinde, APP, for the Respondent-State.


                                                        CORAM :      A. S. GADKARI AND
                                                                     KAMAL KHATA, JJ.
                                                          DATE :     18th April 2026

                    P.C.:-

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

                    2)              Record indicates that, since the date of filing of the Petition i.e.

                    8th February, 2018, the Petitioners and/or their Advocate have not taken any

                    steps to circulate the Petition, even for 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
       SANDHYA
                                                                                                       1/1
SANDHYA BHAGU
BHAGU   WADHWA
WADHWA Date:
       2026.04.23
       12:02:09
       +0530


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