Disposed

Maharashtra State Road Transport Corporation, Branch Vita, Thr. Divisional Controller v. Kamal Mahavir Mandave and Ors.

Bombay HC5 Dec 2024FA/52/2024

Case brief

AI extract

What is this about?

First Appeal listed for third time for supply of copies; despite four weeks granted, appellant's advocate had not supplied copies for issuing notice to respondent No. 4. Registrar granted one final opportunity of three weeks, warning that on failure the appeal would stand dismissed against respondent No. 4 without further reference.

What the court decided

AI extract

Maharashtra State Road Transport Corporation, Branch… — 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. 52 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 : 24/07/2024

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None Present

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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 Notice to respondent No. 4.

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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.

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As such, the prescribed time to supply copies, as 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,

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instead of passing order of dismissal outrightly, it would be just and proper to give one more opportunity to supply the necessary copies.

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In turn, three weeks time is granted with directions to supply necessary copies without fail. On failure, the First Appeal would stand dismissed against respondent No. 4 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)-24.07.2024

Maharashtra State Road Transport Corporation, Branch Vita, Thr. Divisional Controller v. Kamal Mahavir Mandave and Ors.

Case brief

What is this about?

What the court decided

Maharashtra State Road Transport Corporation, Branch Vita, Thr. Divisional Controller v. Kamal Mahavir Mandave and Ors.

Case brief

What is this about?

What the court decided

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Coram

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