Created by Fuzzy Cloud

Bombay High Court

VINAYAK ASHISH CO-OP. HSG. SOC. LTD.versusPOONAM NITESH RAIKUNDALIYA AND ORS

Decided
Disposal
Dismissed

Holding

The writ petition is dismissed for default due to the petitioner's failure to appear.

Summary

The petitioner, Vinayak Ashish Co-operative Hsg Society Ltd, filed a writ petition before the Bombay High Court. No counsel appeared on behalf of the petitioner on the scheduled hearing, nor had any appearance been made on any prior occasion. The Court noted the absence of representation and consequently listed the matter for dismissal. The Court exercised its inherent power to dismiss a petition for default when the petitioner fails to appear. Accordingly, the writ petition was dismissed for default. No substantive merits of the petition were considered.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear before the Court?

Subjects

  • default dismissal
  • writ petition
  • civil procedure
  • court jurisdiction

Judgment

        Digitally
        signed by
        VARSHA
VARSHA VIJAY
VIJAY   RAJGURU
RAJGURU Date:
        2024.04.18
        14:21:10
        +0530




                                                                                  6-wp-7125-2019.doc




                     varsha             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION
                                                   WRIT PETITION NO. 7125 OF 2019


                              Vinayak Ashish Co-operative Hsg Society Ltd         … Petitioner
                                             vs.
                              Poonam Nitesh Raikundaliya and Ors                  … Respondents


                              None for the Petitioner.
                              Mr. P.V. Nelson Rajan, AGP for the State.


                                                                  CORAM : GAURI GODSE, J.
                                                                  DATED : 17th APRIL 2024


                              P.C. :-

                              1.        None appears for the petitioner. Even on the last occasion,

                              none had appeared for the petitioner. Hence, petition was listed

                              today for dismissal.

                              2.        Writ Petition is dismissed for default.



                                                                                  (GAURI GODSE, J.)




                                                                Page no. 1 of 1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.