Reliance General Insurance Company Limited through Its Corporate Office v. Ku. Darshana Sandeep Surana (Applicant NO.1 Represented by Applicant NO.2 Since Minor)

Bombay HC15 Mar 2024FA/288/2024

Case brief

AI extract

What is this about?

Registrar's procedural order in a first appeal where the appellant failed to supply copies for issuing notices despite four weeks' time. One final opportunity of two weeks granted; on failure the appeal stands dismissed against respondents 2 and 3 without further reference.

What did the court decide?

Two weeks' time granted to supply copies; failure will result in automatic dismissal against respondent Nos. 2 and 3.

Reliance General Insurance Company Limited… — Civil Procedure and Limitation | Bombay HC (2024)

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FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO. 288 OF 2024

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Office Notes, Office Memoranda of Coram, Court’s or Judge’s order appearance, Court’s Orders or directions and Registrar’s orders

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CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II)

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DATE : 06/05/2024

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Adv. Prathamesh Mandlik i/by KMC Legal Venture present for the Appellant

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The above numbered First Appeal is listed for third time on the Board of Registrar for supplying copies. Already four weeks time was granted. However, despite of granting four weeks time, the Advocate for the Appellant has not supplied copies for issuing Notices to the Respondent Nos. 2 and 3.

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Here reference to Chapter VII of the

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Bombay High Court, Appellate Side Rules, 1960 [for short “Rules”] may be conveniently made. It states about Processes, Process fees, Printing charges, Security for costs and other procedure after admission etc.

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In view of provisions under Chapter VII, Rule 2 (iii) 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

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have not been supplied within the prescribed time, and the Registrar shall dismiss all such matters for failure to prosecute.

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The prescribed time to supply copies provided under Rules,1960 has been expired. 04 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 opportunity to supply the necessary copies.

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In turn, two weeks time (excluding summer vacation) is granted with directions to supply necessary copies without fail. On failure, the First Appeal alongwith Interim Application, Civil Application and Cross Objection (Stamp), if any, would stand dismissed against respondent Nos. 2 and 3 without further reference to the Court of Registrar. If copies supplied, notice returnable date be extended for ten weeks

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Sd/REGISTRAR (JUDL-II)

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sat-R(J-II)-06.05.2024

Reliance General Insurance Company Limited through Its Corporate Office v. Ku. Darshana Sandeep Surana (Applicant NO.1 Represented by Applicant NO.2 Since Minor)

Case brief

What is this about?

What did the court decide?

Reliance General Insurance Company Limited through Its Corporate Office v. Ku. Darshana Sandeep Surana (Applicant NO.1 Represented by Applicant NO.2 Since Minor)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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