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Allahabad High Court

M/S PURE POWER TURBO BATTERIES PVT. LTD.versusSTATE OF U P AND 4 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous due to the petitioner's failure to appear and the resulting staleness of the cause of action.

Summary

M/S Pure Power Turbo Batteries Pvt. Ltd. filed a writ petition (Writ‑C No. 24441 of 2018) before the Allahabad High Court challenging actions of the State of Uttar Pradesh and four other respondents. The petition was listed on the top ten cases but no counsel appeared on behalf of the petitioner and no adjournment was sought. The Court observed that, in the absence of any effective representation, the cause of action had become stale and the petition was rendered infructuous by the passage of time. Consequently, the Court dismissed the writ petition as infructuous and vacated any interim orders that might have been in force. The judges granted the petitioner liberty to move an application for recalling the order within six weeks if she believes the matter still survives. The order was pronounced on 18 March 2026 by Hon'ble Justices Mahesh Chandra Tripathi and Kunal Ravi Singh.

Issues considered

  • What is the effect of the petitioner's failure to appear before the Court on the continuance of the writ petition?
  • Whether the cause of action has become stale rendering the petition infructuous?

Subjects

  • writ petition
  • dismissal
  • infructuous
  • stale cause of action
  • procedural default

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                              WRIT - C No. - 24441 of 2018

                                    M/S Pure Power Turbo Batteries Pvt. Ltd.
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    State Of U P And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : Anay Kumar Srivastava, P.N. Saxena
                                                                       (Senior Advocate)
                                    Counsel for Respondent(s)        : Anuj Pratap Singh, C.S.C., Mahesh
                                                                       Narain Singh, Prashant Vardhan, Utpal
                                                                       Chatterji, Vivek Verma

                                    Court No. - 21
                                                HON'BLE MAHESH CHANDRA TRIPATHI, J.
                                                HON'BLE KUNAL RAVI SINGH, J.

                                    1. The matter, listed on top ten cases, was taken up in the revised list.
                                    However, none appeared on behalf of the petitioner to press the petition, nor
                                    has any adjournment slip been moved. Shri M.C. Chaturvedi, learned Senior
                                    Counsel assisted by Shri Mahesh Narain Singh, learned counsel for
                                    respondent nos.2 to 4; Shri Gopal Chandra Saxena, learned Standing
                                    Counsel for State respondent and Shri Utpal Chatterji, learned counsel for
                                    respondent no.5 are present.

                                    2. In the absence of any effective representation, it appears that the cause of
                                    action has become stale and the writ petition has been rendered infructuous
                                    by efflux of time.

                                    3. Accordingly, the writ petition is dismissed as infructuous. Interim order,
                                    if any, stands vacated.

                                    4. In case the petitioner feels that the matter survives, liberty is granted to
                                    her to move an application for recalling this order within six weeks from
                                    today.



                                                         (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
                                    March 18, 2026
                                    SP/




Digitally signed by :-
SURYA PRAKASH
High Court of Judicature at Allahabad


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