Bombay High Court
T. K. STEEL AND ALLIED INDUSTRIESversusMAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION AND ANR.
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is dismissed for want of prosecution, and consequently the related civil and interim applications are disposed.
Summary
T.K. Steel & Allied Industries filed Writ Petition No.8278 of 2007 against Maharashtra Industrial Development Corporation. The petitioner failed to appear before the High Court on two occasions, despite a warning that the petition would be dismissed for want of prosecution. Consequently, the Court dismissed the writ petition for want of prosecution. The dismissal also led to the disposal of a related Civil Application No.141 of 2008 filed by Vijay Kumar Gupta for intervention, and an Interim Application (St.) No.26921 of 2022 filed by the petitioner. The Court noted that if the writ petition were to be restored, the civil application would also stand restored. The order was digitally signed and communicated by fax or email.
Issues considered
- Whether the writ petition should be dismissed for want of prosecution due to the petitioner's failure to appear?
- What is the effect of the dismissal of the writ petition on the pending civil application and interim application?
Subjects
- writ petition
- dismissal for want of prosecution
- civil application
- interim application
- procedural law
- High Court of Bombay
Judgment
4 wp8278-07.doc
TRUSHA IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TUSHAR
MOHITE CIVIL APPELLATE JURISDICTION
Digitally signed by
TRUSHA TUSHAR
MOHITE
Date: 2026.07.13
12:18:10 +0530
WRIT PETITION NO.8278 OF 2007
T.K.Steel And Allied Industries .. Petitioner
Versus
Maharashtra Industrial Development
Corporation and Anr. .. Respondents
WITH
CIVIL APPLICATION NO.141 OF 2008
Vijay Kumar Gupta .. Applicant
Versus
Maharashtra Industrial Development
Corporation and Anr. .. Respondents
WITH
INTERIM APPLICATION (ST.)NO.26921 OF 2022
T.K.Steel And Allied Industries .. Applicant
Versus
Maharashtra Industrial Development
Corporation and Anr. .. Respondents
None for the Petitioner.
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Mr.Prashant Chavan, Sr.Advocate a/w Mr.Meet Vora i/b M/s.Navdeep
Vora and Associates, Advocate for the Respondent No.1.
Ms.Kavita Solunke, Addl.G.P.for the State/Respondent No.2
Mr.Aseem Naphade i/b Mr.Aniruth Purushottam, Advocate for the
Applicant in CAW/141/2008
Mr.Vijay Gupta, Applicant present in Court.
CORAM: B. P. COLABAWALLA &
FIRDOSH P. POONIWALLA, JJ.
DATE: JULY 10, 2026
P. C.
1. When the above matter had come up on 19 th June 2026, we
noted that the Petitioner had not appeared. Hence, as a last chance, we
placed the above Writ Petition on board today i.e. on 10 th July 2026 under the
caption ‘for dismissal’. We had also made it clear that if the Petitioner does
not appear today, we shall proceed to dismiss the above Writ Petition for
want of prosecution.
2. Today also, when the matter is called out, none appears on
behalf of the Petitioner. It appears that the Petitioner is not interested in
prosecuting the above Writ Petition. In these circumstances, the above Writ
Petition is dismissed for want of prosecution.
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3. We find that there is also a Civil Application filed by Mr.Vijay
Kumar Gupta for intervention.
4. Considering that the Writ Petition is now dismissed, nothing
survives in the Civil Application filed by Mr.Vijay Kumar Gupta and the same
is disposed of accordingly. It is made clear that in the event, the Writ Petition
is restored, Civil Application No.141 of 2008 filed by Mr.Vijay Kumar Gupta
shall also stand restored.
5. Since the above Writ Petition is dismissed, nothing survives in
the Interim Application (St.) No.26921 of 2022 filed by the Petitioner and the
same is also disposed of accordingly.
6. This order will be digitally signed by the Private Secretary/
Personal Assistant of this Court. All concerned will act on production by fax
or email of a digitally signed copy of this order.
[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]
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