Registrar ordered three weeks to supply copies for First Appeal. Failure results in dismissal against respondents 1-4.
three weeks granted to supply copies; failure entails dismissal.
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FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 752 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 : 29/07/2024
None Present
The above numbered First Appeal alongwith interim application is listed for second time on the Board of Registrar for supplying copies. Already three weeks time was granted. However, despite of granting three weeks time, the Advocate for the Appellant has not supplied copies for issuing Notice to the respondent nos. 1 and 2. (respondent nos. 3 and 4 are minor).
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. 03 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.
In turn, three weeks time is granted with directions to supply necessary copies without fail. On failure, the First Appeal and civil applications if any would stand dismissed against respondent Nos. 1 to 4 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)-29.07.2024
1 issue framed by the court
Whether First Appeal should be dismissed for non-supply of copies despite granted time.
1 provisions across 1 enactments
Appellant
Respondent Nos. 1 & 2
Respondent Nos. 3 & 4
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
