Disposed

Reliance General Insurance Company Ltd., Thane v. Mr. Akshay Anil Shinde and Ors.

Bombay HC18 Apr 2024FA/411/2024

Case brief

AI extract

What is this about?

Registrar's procedural order on a first appeal whose notices to two unserved respondents were returned. The appellant had taken no service steps despite three weeks' grace. One final fortnight was granted for service steps, failing which the appeal would stand dismissed against the unserved respondents automatically.

What the court decided

AI extract

Reliance General Insurance Company Ltd., Thane… — 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. 411 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 : 02/09/2024

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None present

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The notices issued to respondent Nos. 1 and 2 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. 1 and 2. However, learned advocate for appellant has neither taken any steps nor supplied proper and correct addresses of respondent Nos. 1 and 2.

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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 prosecute.:

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As such, the prescribed time to take steps for service of notices upon unserved respondent Nos. 1 and 2 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. 1 and 2.

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In turn, two weeks time is granted with directions to take appropriate steps for service of notice upon unserved respondent Nos. 1 and 2 without fail. On failure, the First Appeal would stand dismissed against unserved respondent Nos. 1 and 2 without further reference to the Court of Registrar.

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Sd/REGISTRAR (JUDL-II)

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sat-R(J-II)-02.09.2024

Reliance General Insurance Company Ltd., Thane v. Mr. Akshay Anil Shinde and Ors.

Case brief

What is this about?

What the court decided

Reliance General Insurance Company Ltd., Thane v. Mr. Akshay Anil Shinde and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Statutes considered

Coram

Case details

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