Prakashchandra Parmanand Sengar vs the Municipal Corporation of Greater Mumbai — Bombay HC (2024) — LawSathi Research

Prakashchandra Parmanand Sengar vs the Municipal Corporation of Greater Mumbai — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

One final opportunity of three weeks granted to the appellant to supply the necessary copies for issuance of notice to the sole respondent; failing which the First Appeal and Interim Application to stand dismissed automatically without further reference to the Court of Registrar; if copies are supplied, the notice returnable date to be extended by ten weeks.

Issue for consideration

Whether the First Appeal and Interim Application should be dismissed outright for failure to prosecute after expiry of the prescribed time to supply copies, or whether one more opportunity should be given.

Court's answer

Per Chapter VII, Rule 2 (iii) of the Bombay High Court Appellate Side Rules, 1960, matters are to be dismissed for non-prosecution where there is default of payment of process fees and failure to supply copies within the prescribed time, and the Registrar shall dismiss all such matters for failure to prosecute.

Ratio / Principle

Rather than dismissing the appeal outright, the Registrar considered it just and proper to give one more opportunity to supply the necessary copies.

Key takeaways

Three weeks' time is granted to supply the necessary copies without fail; on failure, the First Appeal alongwith the Interim Application would stand dismissed against the sole respondent without further reference to the Court of Registrar.ratio¶¶10
If the copies are supplied, the notice returnable date is to be extended by ten weeks.ratio¶¶10

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Registrar Judl-II, Shri S. R. Agrawal), order dated 22/07/2024 in First Appeal No. 773 of 2024 alongwith Interim Application No. 368 of 2024: The appeal, listed for the second time on the Board of Registrar solely for supply of copies, had made no progress despite three weeks' time already granted, the appellant's advocate having failed to supply copies for issuance of notice to the sole respondent. Invoking Chapter VII, Rule 2 (iii) of the Bombay High Court Appellate Side Rules, 1960, under which matters defaulting in payment of process fees and failure to supply copies are to be dismissed for non-prosecution by the Registrar, the Registrar nonetheless refrained from outright dismissal and granted one last opportunity of three weeks to supply the copies, directing that on failure the First Appeal and Interim Application would stand dismissed against the sole respondent without further reference to the Court of Registrar, and that if the copies were supplied, the notice returnable date would stand extended by ten weeks. No counsel was present when the matter was called.

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

FIRST APPEAL NO. 773 OF 2024 ALONGWITH INTERIM APPLICATION NO. 368 OF 2024 IN FIRST APPEAL NO. 773 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 : 22/07/2024

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 sole respondent.

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 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, three weeks time is granted with directions to supply necessary copies without fail. On failure, the First Appeal alongwith Interim Applicaiton would stand dismissed against sole respondent 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)-22.07.2024