Bombay High Court
SATISH NANIKRAM NOTANIversusTHE PRINCIPAL - SMT. CHANDIBAI MANSUKHANI COLLEGE AND ORS.,
- Decided
- Disposal
- Dismissed
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioner, Satish Nanikram Motani, filed a writ petition challenging an order dated 29.08.2007 of the Mumbai University and College Tribunal which dismissed his earlier appeal against a dismissal dated 07.02.2007. The petition was admitted by the High Court but no interim relief was granted. The petitioner failed to appear for hearings on 06.07.2026 and again on the scheduled date of 28.09.2026, indicating a lack of interest in pursuing the matter. The Court noted the repeated non‑appearance and, after giving a final opportunity, dismissed the petition for non‑prosecution. Consequently, the petition was dismissed without any substantive adjudication on the merits.
Issues considered
- What is the appropriate consequence when a petitioner repeatedly fails to appear for hearing in a writ petition?
Subjects
- writ petition
- non‑prosecution
- dismissal
- Mumbai University and College Tribunal
- civil appellate jurisdiction
- failure to appear
Judgment
3.as.wp.9042.2007.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by
VINA
VINA
ARVIND
WRIT PETITION NO. 9042 OF 2007
ARVIND KHADPE
KHADPE Date:
2026.09.28
Satish Nanikram Motani … Petitioner
18:11:11
+0530 Versus
The Principal – Smt. Chandibai
Mansukhani College and ors. … Respondents
***
None for Petitioner.
Dr. Sanjay Jaina/w Mr. Chirag Sarawagi i/b. Mr. Tushar Goradia for
Respondent Nos.1 and 2.
Mr. S. L.Babar, AGP for Respondent-State.
***
CORAM : M.M. SATHAYE, J.
DATE : 28 SEPTEMBER, 2026
P.C. :
1. On 21.09.2026, the following order was passed :-
“1. None for the Petitioner.
2. The petition challenges order dated 29.08.2007 passed by the
Mumbai University and College Tribunal, Mumbai dismissing
appeal of the Petitioner. The Petitioner had filed appeal
challenging order of dismissal dated 07.02.2007.
3. Record shows that petition is simply admitted and no interim
relief is granted.
4. Recently, on 06.07.2026, nobody appeared for the Petitioner,
however, petition was adjourned. Today again, nobody is
appearing fo the Petitioner.
5. Hence, stand over to 28.09.2026, as a last opportunity. To be
listed 'for dismissal.' ”
2. Today, the matter is listed for dismissal. Nobody is appearing
for the Petitioner. It appears that the Petitioner is not interested in
proceeding with the matter.
3. Petition is therefore dismissed for non-prosecution.
4. All concerned to act on duly authenticated or digitally signed
QR verifiable copy of this order.
(M.M. SATHAYE, J.)
Vina Khadpe 1
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