Bombay High Court
VINAYAK ASHISH CO-OP. HSG. SOC. LTD.versusPOONAM NITESH RAIKUNDALIYA AND ORS
- Decided
- Disposal
- Dismissed
- Bench
- AMIT BORKAR
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.)
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