First Appeal listed for supply of copies and payment of printing charges; default persisted despite prior time granted. The Registrar granted a final two weeks to comply, failing which the appeal stands dismissed against respondent Nos. 1 to 6 without further reference.
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FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1486 OF 2024
Office Notes, Office Memoranda of Coram, Court’s or Judge’s order appearance, Court’s Orders or directions and Registrar’s orders
CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II)
DATE : 16/10/2024
None Present
The above numbered First Appeal is listed for second time on the Board of Registrar for supplying copies and for payment of printing charges. Already two weeks time was granted. However, despite of granting two weeks time, the Advocate for the Appellant has neither supplied copies for issuing Notices to respondent Nos. 1 to 6 nor paid printing charges.
In view of provisions under Chapter VII, Rule 2 (iii) of the Bombay High Court Appellate Side Rules, 1960 matters to be dismissed for non-prosecution in case of default of payment of process fess and failure to supply copies – Immediately after the expiry of the time prescribed in the foregoing sub-rules of this rule for the supply of copies, the Office shall place before the Registrar all such matters in which the process fees have not been paid and/or the copies have not been supplied within the prescribed time, and the Registrar shall dismiss all such matters for failure to prosecute.
As such, the prescribed time to supply copies, as provided under Rules,1960 has been expired. 02 weeks time was granted, but all in vain. The matter is
lying ideally without any progress as learned Advocate for the Appellant has not taken any steps. However, instead of passing order of dismissal outrightly, it would be just and proper to give one more opportunity to supply the necessary copies.
In turn, two weeks time (excluding Diwali Vacation) is granted with directions to supply necessary copies and to pay printing charges without fail. On failure, the First Appeal would stand dismissed against respondent Nos. 1 to 6 without further reference to the Court of Registrar.
Sd/-
REGISTRAR (JUDL-II)
sat-R(J-II)-16.10..2024
1 issue framed by the court
Whether the First Appeal should be dismissed for failure to supply copies and pay printing charges within the prescribed time.
1 provisions across 1 enactments
S. R. Agrawal
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
