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Bombay High CourtWP/2536/2003dissmiss for defaultnonprosecution

Bajirao Y. Dhebe v. Annex And Co.

2015-09-02Hon'Ble Shri Justice Nitin Jamdar2 pages

bsb 1 207.WP2536.03.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2536 OF 2003 Bajirao Y. Dhebe ... Petitioner v/s Annex & Co.

... Respondent None present for the petitioner.

Mr.S.S. Pathak i/by T.R. Yadav for the respondent. CORAM: N.M. JAMDAR, J.

DATED : 2 SEPTEMBER 2015 P.C.:

On 21 August 2015 following order came to be passed: "P.C.

On 19 September 2014, Advocate appearing for the Petitioner was discharged and the Petitioner had made a statement that he will conduct this petition in person. Thereafter the matter has come up on board the petitioner has not appeared. By order dated 24 July 2015 the petition was adjourned to 30 July 2015 for dismissal. Today also when the matter is called out none appears for the Petitioner. The learned counsel for the Respondent states that he has been appearing in the matter throughout and the continuous absence of the Petitioner is a harassment to him. By way of indulgence, stand over to 3 September 2015, to be listed under caption 'for dismissal'.

bsb 2 207.WP2536.03.doc The matter was kept today for dismissal. Today when the matter is called out, none appears for the petitioner. No further indulgence can be granted to the Petitioner. The Petitioner has discharged his advocate, who was earlier appearing, stating that he will conduct his petition in person. However, the Petitioner has not appeared thereafter.

The writ petition is dismissed for non-prosecution. ( N. M. JAMDAR, J. )