Bombay High Court
INDIANA FABRICATORS AND ORSversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- DISMISSED FOR NON-PROSECUTION/DEFAULT AT ADMISSION STAGE
- Bench
- MADHAV JAMDAR
Holding
The writ petition was dismissed as it had become infructuous and was not prosecuted.
Summary
The petitioners, Arjun Vitthal and partners of Indiana Fabricators, filed a writ petition in the Bombay High Court challenging an order of the State of Maharashtra. Respondent No.2, represented by counsel, submitted that the petition had become infructuous following an order dated 1 June 2026 issued by a Single Judge (Vacation Court). No counsel appeared on behalf of the petitioners to contest this submission. The Court noted the petition was no longer maintainable and that the petitioners had not prosecuted the petition further. Consequently, the Court dismissed the writ petition for non‑prosecution.
Issues considered
- Whether a writ petition remains maintainable after it becomes infructuous due to a subsequent order?
Subjects
- writ petition
- non‑prosecution
- infructuous
- dismissal
- Bombay High Court
- criminal appellate jurisdiction
Judgment
918-WP-6489-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally
WRIT PETITION NO.6489 OF 2025
signed by
ARJUN
ARJUN VITTHAL
VITTHAL KUDHEKAR Indiana Fabricators ...Petitioners
KUDHEKAR Date:
2026.07.31
21:48:08
Through its Partners Mr. Irshad Ahmad Khan & Anr.
+0530
Versus
The State of Maharashtra & Anr. ...Respondents
——————
None for the Petitioners.
Mr. S. S. Ghag, APP, for the Respondent-State.
Mr. Aashish Shasheendran h/f Amarendra Mishra, for Respondent No.2.
——————
Coram: Madhav J. Jamdar, J.
Date: July 31, 2026
P.C.:
1. Mr. Aashish Shasheendran, learned Counsel appearing for
Respondent No.2, states that the Writ Petition has become infructuous
in view of the Order dated 1st June 2026 passed by a learned Single
Judge (Vacation Court).
2. None appears for the Petitioners.
3. Accordingly, the Writ Petition is dismissed for non-prosecution.
[Madhav J. Jamdar, J.]
Arjun 1
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