Case Note & Summary
The appeal was filed by Arnav Corporation Ltd. challenging an order dated 21 July 2010 passed by the learned Company Judge in Company Petition No.995 of 2009. The impugned order directed the company to deposit a sum of Rs.10,00,000/- in the court on or before 30 September 2010, with further directions regarding investment and transfer to a suit if filed. On the date of hearing, none appeared for either the appellant or the respondent. Consequently, the Division Bench of the Bombay High Court dismissed the appeal for non-prosecution. The court did not examine the merits of the case due to the absence of the parties.
Headnote
A) Civil Procedure - Appeal - Dismissal for Non-Prosecution - No Appearance by Parties - Where none of the parties appear on the date of hearing, the appeal is liable to be dismissed for non-prosecution. The Court dismissed the appeal as neither the appellant nor the respondent appeared. (Para 2)
Issue of Consideration
Whether the appeal should be dismissed for non-prosecution when neither party appears.
Final Decision
The appeal is dismissed for non-prosecution.
Law Points
- Non-prosecution of appeal
- dismissal for default
- no appearance by parties
Case Details
2025 LawText (BOM) (12) 309
Appeal No. 993 of 2010 in Company Petition No. 995 of 2009
M.S. Sonak, Advait M. Sethna
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Nature of Litigation
Appeal against an order of the Company Judge in a company petition.
Remedy Sought
The appellant sought to challenge the order directing deposit of Rs.10,00,000/-.
Filing Reason
The appellant was aggrieved by the order dated 21 July 2010 in Company Petition No.995 of 2009.
Previous Decisions
The Company Judge had directed the company to deposit Rs.10,00,000/- and invest it, with conditions for transfer to a suit if filed.
Issues
Whether the appeal should be dismissed for non-prosecution when neither party appears.
Submissions/Arguments
Ratio Decidendi
When none of the parties appear on the date of hearing, the appeal is liable to be dismissed for non-prosecution.
Judgment Excerpts
None for the Appellant or Respondent.
This Appeal challenges order dated 21 July 2010 made by the learned Company Judge in Company Petition No.995 of 2009.
Procedural History
The appeal was filed in 2010 challenging an order dated 21 July 2010. On 11 December 2025, the appeal was dismissed for non-prosecution.
