First Appeal before the Registrar for default in supplying copies; a final two-week opportunity granted, with automatic dismissal against respondent No. 5 on continued default.
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FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 619 OF 2024
Office Notes, Office Memoranda of Coram, Court’s or Judge’s order appearance, Court’s Orders or directions and Registrar’s orders
CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II)
DATE : 10/07/2024
None Present
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. 5.
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. 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,
instead of passing order of dismissal outrightly, it would be just and proper to give one more opportunity to supply the necessary copies.
In turn, two weeks time is granted with directions to supply necessary copies without fail. On failure, the First Appeal alongwith Civil Applicaiton (ST) and Interim Application, if any would stand dismissed against respondent No. 5 without further reference to the Court of Registrar. If copies supplied, notice returnable date be extended for ten weeks
Sd/REGISTRAR (JUDL-II)
sat-R(J-II)-10.07.2024
1 issue framed by the court
Whether the First Appeal should be dismissed for failure to supply copies for issuing notice within the prescribed time.
1 provisions across 1 enactments
S. R. Agrawal
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
