Case Note & Summary
The petitioner, Vaibhav Maruti Dombale, filed a Writ Petition (No. 1489 of 2025) and an Income Tax Appeal (No. 21746 of 2025) before the Bombay High Court challenging an order of the Income Tax Appellate Tribunal. The matter was listed for hearing on 12th August 2025. On that date, the petitioner was absent, and no one appeared on his behalf. The court noted that the petitioner had been absent on previous hearings as well. The respondents were represented by counsel. The court, after hearing the respondents, dismissed both the writ petition and the appeal for non-prosecution. The court observed that the petitioner had failed to prosecute the matter diligently. The dismissal was under Order 17 Rule 2 read with Section 151 of the Code of Civil Procedure, 1908. The court did not consider the merits of the case. The judgment was delivered by a Division Bench consisting of Justice B.P. Colabawalla and Justice Firdosh P. Pooniwalla. The order was reserved on 12th August 2025 and pronounced on the same day.
Headnote
A) Civil Procedure - Dismissal for Default - Non-Prosecution - Order 17 Rule 2 read with Section 151 Code of Civil Procedure, 1908 - Petitioner failed to appear on three consecutive hearings despite notice - Court dismissed the petition and appeal for non-prosecution - Held that when a party repeatedly fails to appear, the court may dismiss the matter for default to prevent abuse of process (Paras 1-3).
Issue of Consideration
Whether the writ petition and income tax appeal should be dismissed for non-prosecution due to the petitioner's failure to appear on multiple occasions.
Final Decision
The Writ Petition No. 1489 of 2025 and Income Tax Appeal (L) No. 21746 of 2025 are dismissed for non-prosecution.
Law Points
- Dismissal for default
- Non-prosecution
- Restoration of dismissed appeal
- Order 17 Rule 2 CPC
- Section 151 CPC
- Inherent powers of court
