The New India Assurance Co. Ltd. and Anr. v. Shri Bechan Prasad Maurya and Ors.

Bombay HC21 Jun 2024FA/390/2024

Case brief

AI extract

What is this about?

First Appeal listed before Registrar as notices to respondent Nos. 2 and 3 returned unserved and appellant took no steps for service despite three weeks' time. One final two-week opportunity granted; on failure the appeal would stand dismissed against unserved respondents without further reference.

What did the court decide?

Two weeks' time granted to take steps for service of notice on unserved respondent Nos. 2 and 3; automatic dismissal against them on failure.

The New India Assurance Co. Ltd. and Anr. vs Shri… — Writ and Judicial Review | 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. 390 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 : 15/10/2024

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Adv. Pooja Yadav i/by Adv. D.R. Mahadik present for the Appellant

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The notices issued to respondent Nos. 2 and 3 are returned unserved. Therefore, the above numbered First Appeal is listed on the board of registrar for second time for taking steps for service of notices upon unserved respondent Nos. 2 and 3. However, learned advocate for appellant has neither taken any steps nor supplied proper and correct addresses of respondent Nos. 2 and 3.

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In view of provisions under Chapter VII, Rule 6 (1) (e) of the Bombay High Court, Appellate Side Rules, 1960, Immediately after the expiry of the period prescribed under the foregoing sub-rule of this rule for taking the requisite steps for the issue of fresh notice or or supplying postal stamps to cover the postal and registration charges, the office shall place before the Registrar all such matters in which steps have not been taken for the issue of fresh notices or the postal stamps to cover the postal and registration charges have not been supplied within the prescribed time, and the Registrar shall dismiss the matter for failure to

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prosecute.:

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As such, the prescribed time to take steps for service of notices upon unserved respondent Nos. respondent Nos. 2 and 3 as provided under Rule 1960 has been expired. 03 weeks time was granted, but all in vain. The matter is lying ideally without any progress due to not taken any steps. However, instead of passing order of dismissal outrightly, it would be just and proper to give one more opportunity to take steps for service of notice upon unserved respondent Nos. 2 and 3.

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In turn, two weeks time (excluding summer vacation) is granted with directions to take appropriate steps for service of notice upon unserved respondent Nos. 2 and 3 without fail. On failure, First Appeal alongwith Civil Application, if any, would stand dismissed against unserved respondent Nos. 2 and 3 without further reference to the Court of Registrar.

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Sd/REGISTRAR (JUDL-II)

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sat-R(J-II)-15.10.2024

The New India Assurance Co. Ltd. and Anr. v. Shri Bechan Prasad Maurya and Ors.

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd. and Anr. v. Shri Bechan Prasad Maurya and Ors.

Case brief

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What did the court decide?

What the court decided

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Coram

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