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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.
                                                      Page 1 of 3
                                                     JULY 10, 2026
                      Mohite
                                                       4 wp8278-07.doc



     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.
                                 Page 2 of 3
                                JULY 10, 2026
Mohite
                                                         4 wp8278-07.doc




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.]




                                 Page 3 of 3
                                JULY 10, 2026
Mohite


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