Interim judgment setting timelines for applicants to serve notices or remove office objections, otherwise subject to dismissal, without substantive adjudication.
Applicants directed to serve notices or remove objections within four weeks or face dismissal.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MATTERS NOTIFIED AT SERIAL NOS.1, 2 & 13
ON THE BOARD DATED 5TH FEBRUARY 2009
CAUSE TITLES AND APPEARANCES AS NOTIFIED
CORAM: A.M.KHANWILKAR, J.
FEBRUARY 5, 2009.
P.C.
1. All these matters are listed with office
objection(s). I propose to pass a common order in
the following terms:
(A) In cases where any of the Respondent(s)
has/have not been served so far, for whatever
reasons, the Petitioner(s)/Applicant(s) to take
steps to serve the unserved Respondent(s) within
FOUR WEEKS from today by Advocate’s notice, either
personally or through Speed Post/e-mail/fax and to
file affidavit of service before that date, failing
: 2 :
which, concerned Petition/Application to stand
dismissed for non-prosecution, without further
reference to the Court.
(B) In cases where notices have not been
issued by the office for whatever reason the
returnable date in those cases is extended as
notified hereunder. In addition to court notice,
the Petitioner(s)/Applicant(s) shall serve the
concerned Respondent(s) by advocate’s notice either
personally or through speed post/e-mail/fax and
file affidavit of service within FOUR WEEKS from
today, failing which the Petition/Application to
stand dismissed for non-prosecution, as against the
unserved Respondent(s), without further reference
to the Court.
(C) In case of any other office objection(s),
the Petitioner(s)/Applicant(s) to take steps to
remove the same within FOUR WEEKS from today,
failing which, the Petition/Application to stand
dismissed for non-prosecution, without further
reference to the Court.
: 3 :
2. If conditional order is complied in time
in the above matters, the respective matter will be
listed under appropriate caption on the following
assigned dates:
Sr.No. Assigned Date
1, 2 & 13 06/05/2009
3. Ad-interim order granted in any of the
above said matters, if any, to continue till the
respective assigned date.
. Ordered accordingly.
A.M.KHANWILKAR, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court