Search Results for "Dismissal for want of prosecution"

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Search Results for "Dismissal for want of prosecution"

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High Court

Bombay High Court Restores Summary Suits Dismissed for Want of Prosecution, Imposing Costs for Non-Compliance with Directions. Non-Resident Indian Plaintiffs' Explanation of Travel Commitments Accepted as Sufficient Cause for Restoration.

3 Dec 2014

The plaintiffs, Nakul Arun Jagjivan and Nayan Arun Jagjivan, filed summary suits against Ram V. Tyagrajan and another defendant, claiming recovery of ...

High Court

Bombay High Court Dismisses Petitioner's Writ Petition for Want of Prosecution Due to Non-Appearance of Counsel. The court held that restoration requires showing reasons for absence and survival of the petition.

3 Feb 2005

The case is a writ petition filed in 2000 before the Bombay High Court. The court, in an effort to dispose of old pending cases, assigned the petition...

High Court

Bombay High Court Dismisses Restoration of Contempt Petition Due to Insufficient Cause and Legal Bar. Contempt proceedings once dropped cannot be restored under the Contempt of Courts Act, 1971.

12 Dec 2005

The applicant, Priti Karmarkar, filed an application for restoration of Contempt Petition No.102 of 2005, which had been dismissed for want of prosecu...

High Court

Bombay High Court Grants Leave to Appeal Against Dismissal of Complaint Under Section 138 NI Act for Want of Prosecution — Technical Dismissal Not on Merits. The court held that dismissal under Section 256 CrPC is not a bar to appeal as it is not a decision on merits.

8 Apr 2011

The applicant, Terna Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory registered under the Maharashtra Cooperative Societies Act, 1...

High Court

Bombay High Court Allows Appeal Against Dismissal of Suit for Want of Prosecution Due to Non-Service of Defendants — Court Holds That Dismissal Under Order IX Rule 5 CPC Requires Willful Default or Negligence, Not Mere Failure to Serve. The court restored the suit, emphasizing that the plaintiffs had made efforts to serve the defendants and had filed a Chamber Summons for substituted service, which was pending.

29 Jan 2018

The appellants, M/s. Jain Developers and others, filed Suit No. 2808 of 2008 in the Bombay High Court seeking a declaration that there was a valid and...

High Court

Bombay High Court Dismisses Execution Applications for Want of Prosecution Under Rule 329 of Bombay High Court Original Side Rules. Execution applications filed by a financial services company against multiple judgment debtors were dismissed as no steps were taken for over 12 months.

2 Jan 2020

The judgment concerns multiple execution applications filed by Mahindra & Mahindra Financial Services Ltd. against various judgment debtors, including...

High Court

Bombay High Court Dismisses Application to Condone 1503-Day Delay in Restoration of Suit — Lack of Sufficient Cause for Inordinate Delay. Condonation of Delay Denied as Plaintiff Failed to Explain Delay of Over Four Years in Seeking Restoration of Suit Dismissed for Want of Prosecution.

28 Feb 2023

The plaintiff, Metal Rolling Works Ltd., filed an interim application under Section 5 of the Limitation Act, 1963, seeking condonation of a 1503-day d...

High Court

Bombay High Court Allows Leave to Appeal in Cheque Dishonour Case Where Complaint Was Dismissed for Want of Prosecution — Magistrate's Order Set Aside as Complainant's Absence Was Not Deliberate.

9 Sep 2025

The appellant/complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent/accused for dishonour of...

Supreme Court

Supreme Court Allows Appeal by Partner in Joint Decree for Goods Supplied, Holding That Appeal Under Order 41 Rule 4 CPC Is Maintainable Despite Non-Service on Co-Defendant. Joint Decree Against Two Partners Could Be Challenged by One Partner Alone as Ground of Liability Was Common, Following Karam Singh Sobti Precedent.

15 Apr 1969

The dispute arose from a suit filed by Firm Lalmandas Chhadammalal against the partnership firm Mohan Singh Ratan Lal, through its partners Mohan Sing...

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