United India Insurance Company Limited v. Mr.Ishwara Shankar Kamble and Ors.

Bombay HC23 Jan 2024FA/88/2024

Case brief

AI extract

What is this about?

First appeal and cross objection listed for supply of copies for issuing notices to respondent Nos. 3 and 4. Despite prior four weeks' time, copies were not supplied. Registrar granted a final two weeks, failing which the appeal and cross objection would stand dismissed without further reference.

What did the court decide?

Two weeks' time granted to supply copies; on failure appeal and cross objection to stand dismissed against respondent Nos. 3 and 4 without further reference.

United India Insurance Company Limited vs… — Civil Procedure and Limitation | 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. 88 OF 2024 ALONGWITH CROSS OBJECTION (STAMP) NO. 7528 OF 2022

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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 : 04/07/2024

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None Present

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The above numbered First Appeal alongwith Cross Objection (Stamp) 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 respondent Nos. 3 and 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

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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.

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In turn, two weeks time is granted with directions to supply necessary copies without fail. On failure, the First Appeal alongwith Cross Objection (Stamp) would stand dismissed against respondent Nos. 3 and 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)-04.07.2024

United India Insurance Company Limited v. Mr.Ishwara Shankar Kamble and Ors.

Case brief

What is this about?

What did the court decide?

United India Insurance Company Limited v. Mr.Ishwara Shankar Kamble and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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