The High Court of Judicature at Bombay (Nagpur Bench) dismissed a pending Writ Petition for non-prosecution after noting the petitioner failed to appear despite multiple dismissals and restorations since 2007.
The Writ Petition is dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp 1914.07.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
Writ Petition No. 1914/2007
M/s Ashoka Safe Deposit Vault Company
Petitioner.
Versus
Administrator, Samta Sahakari Bank Limited, Nagpur and others
Respondents.
None for the Petitioner.
Shri Dhruv Sharma i/b R.M. Bhangde, Advocate for the Respondent Nos. 3 to 5. Shri S.J. Kharbade, Advocate for Respondent No.8/Intervenor
CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ.
DATED : 28 JANUARY 2021
P.C.:
This Petition is pending since the year 2007. No interim relief operating in this Petition. The Petition was dismissed for default on 16 January 2017 and was restored by order dated 21 July 2017 on payment of costs. Thereafter, again on 6 August 2018 Petition was dismissed for want of prosecution and again restored subject to costs of Rs. 5000/-. Even today none appears for the Petitioner. The Petitioner has sought direction to Respondent Bank to put the property of the Petitioner Company for fresh auction and direction to the Respondent Nos. 3, 4 and 5 to allow the depositors or the locker holders of the
Deshmukh
2 wp 1914.07.odt
Petitioner Company to operate their respective lockers. Amended prayer is that "the Sale Deed executed between the seller and purchaser shall be set aside as Sale Deed is executed by practicing fraud".
[ANIL S. KILOR, J] [NITIN JAMDAR, J]
Deshmukh
1 issue framed by the court
Whether the Writ Petition should be disposed of due to non-prosecution despite prior dismissals and restorations.
M/s Ashoka Safe Deposit Vault Company
Administrator, Samta Sahakari Bank Limited, Nagpur
Nitin Jamdar
Anil S. Kilor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
