Managing Director, Karnataka S.T. Corporation v. Sou. Suvarna Kallappa Jalwadi and Anr.

Bombay HC19 Apr 2024FA/55/2024

Case brief

AI extract

What is this about?

First Appeal No. 55 of 2024 listed for third time for supply of copies; advocate defaulted despite four weeks' time. Registrar granted a final two weeks to supply copies, failing which the appeal would stand dismissed against respondent Nos. 1 and 2 automatically.

What did the court decide?

Two weeks granted to supply copies; appeal to auto-dismiss against respondent Nos. 1 and 2 on failure.

Managing Director, Karnataka S.T. Corporation… — Civil Procedure and Limitation | Bombay HC (2024)

¶1

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

¶2

FIRST APPEAL NO. 55 OF 2024

¶3

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

¶4

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

¶5

DATE : 19/04/2024

¶6

None present

¶7

The above numbered Civil Application 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. 1 and 2.

¶8

Here reference to Chapter VII of the 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.

¶9

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 have not been supplied within the prescribed time, and

¶10

the Registrar shall dismiss all such matters for failure to prosecute.

¶11

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 Applicant 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.

¶12

In turn, two weeks time is granted with directions to supply necessary copies without fail. On failure, the First Appeal would stand dismissed against respondent Nos. 1 and 2 without further reference to the Court of Registrar.

¶13

Sd/REGISTRAR (JUDL-II)

¶14

sat-R(J-II)-19.04.2024

Managing Director, Karnataka S.T. Corporation v. Sou. Suvarna Kallappa Jalwadi and Anr.

Case brief

What is this about?

What did the court decide?

Managing Director, Karnataka S.T. Corporation v. Sou. Suvarna Kallappa Jalwadi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

Similar cases

Smt. Yashoda Dinkar Patil vs Shri Subhash Dnyandev Shinde and Anr.

M/S. Laxmi Construction Company Engineers and Contractors vs Solapur Agricultural Prodcuce Market Committee Solapur

The Municipal Commissioner vs Vishal Dadaso Kamble and Ors.

Albert Sequeira Vs Kanal Subhash Kandalkar and Ors.

Managing Director, Karnataka S.T. Corporation vs Sou. Suvarna Kallappa Jalwadi and Anr.

Sulochana Suraj Gade vs Suraj Santosh Gade