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july 2009

Supreme Court of India · 2009-07-21

Narendra S. Chavan & Ors vs Vaishali V. Bhadekar

Citation / case number
AIR 2009 SC (SUPP) 2230
Court
Supreme Court of India
Petitioner
Narendra S. Chavan & Ors
Respondent
Vaishali V. Bhadekar
Bench
V.S. Sirpurkar, Markandey Katju

Judgment text excerpt

The Supreme Court held that the Division Bench of the High Court of Bombay acted without jurisdiction in allowing a Letters Patent Appeal against the dismissal of a writ petition for non-prosecution. The Court emphasized that after the dismissal of the restoration application, no Letters Patent Appeal could be filed, and even if it were maintainable, the Division Bench should not have decided the matter on merits but should have remitted it to the Single Judge. The appeal was allowed, and the impugned judgment was set aside without costs.

Narendra S. Chavan & Ors vs Vaishali V. Bhadekar · Niyam