Bombay High Court
SAHARA HOSPITALITY LTDversusAIRPORTS AUTHORITY OF INDIA AND 4 ORS
- Decided
- Disposal
- DISMISSED
- Bench
- M S KARNIKS M MODAK
Holding
The writ petition is dismissed for non‑prosecution due to the petitioner's failure to appear and lack of interest.
Summary
Sahara Hospitality Ltd filed a writ petition (WP No. 798 of 2024) challenging actions of the Airports Authority of India and others. The petition was scheduled for hearing, but the petitioner failed to appear on multiple occasions, indicating a lack of interest in prosecuting the case. The respondents, represented by counsel Vishal Talsania and Jyoti Mhatre, were present. The Court observed the petitioner's non‑appearance and concluded that the petition could not be pursued further. Consequently, the Court dismissed the writ petition for non‑prosecution and also disposed of the related interim application, as it could not survive the dismissal.
Issues considered
- What is the appropriate judicial response when a petitioner fails to appear for scheduled hearings and shows no interest in prosecuting a writ petition?
Subjects
- writ petition
- non‑prosecution
- dismissal
- civil procedure
- court discretion
Judgment
902-wp 798-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 798 OF 2024
WITH
INTERIM APPLICATION (L) NO. 19079 OF 2025
Sahara Hospitality Ltd. … Petitioner
Versus
Airports Authority of India & Ors. ... Respondents
__________________________
None for the Petitioner.
Mr. Vishal Talsania (through VC) a/w. Ms. Radha H. Bhandari i/b M. V. Kini
& Co. for the Respondent-AAI in WP and Applicant in IA.
Ms. Jyoti Mhatre for the Respondent-BMC.
__________________________
CORAM : M. S. KARNIK AND
S. M. MODAK, JJ.
DATED : 13th JANUARY, 2026.
P.C. :
1. None appeared for the Petitioner when called out for hearing. There
was no appearance on behalf of the Petitioner yesterday also. It appears
that the Petitioner is not interested in prosecuting the Petition. The
Petition is dismissed for non prosecution.
2. In view of dismissal of Writ Petition, Interim Application does not
survive and stands disposed of.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
Amk 1/1
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