Disposed

State of Maharashtra through the Deputy Collector v. Late Shri Motiram Balaram Mhatre

Bombay HC22 Jul 2024IA/10584/2024

Case brief

AI extract

What is this about?

Registrar (Judl-II) procedural order, High Court of Bombay, 10/12/2024; IA No. 10584/2024 in FA(ST) No. 9774/2023; notice returned unserved to respondent Nos. 2/3; failure to take steps; dismissal for failure to prosecute under Chapter VII Rule 6(1)(e) Bombay High Court Appellate Side Rules 1960 ('Rule 1960'); last opportunity of two weeks excluding Christmas vacation; conditional automatic dismis

What did the court decide?

Two weeks' time (excluding Christmas vacation) granted, with directions to take appropriate steps for service of notice upon unserved respondent Nos. 2/3 without fail; failing which the Interim Applic

State of Maharashtra through the Deputy Collector vs Late Shri Motiram Balaram Mhatre — Bombay HC (2024) — LawSathi Research

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FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10584 OF 2024 IN FIRST APPEAL (ST) NO. 9774 OF 2023

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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) DATE : 10/12/2024

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None Present

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The notice issued to respondent No. 2/3 is returned unserved. Therefore, the above numbered Interim Application is listed on the board of registrar for second time for taking steps for service of notices upon unserved respondent Nos. 2/3. However, learned advocate for appellant has neither taken any steps nor supplied proper and correct address of respondent Nos. 2/3.

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In view of provisions under Chapter VII, Rule 6 (1) (e) of the Bombay High Court, Appellate Side Rules, 1960, Immediately after the expiry of the period prescribed under the foregoing sub-rule of this rule for taking the requisite steps for the issue of fresh notice or or supplying postal stamps to cover the postal and registration charges, the office shall place before the Registrar all such matters in which steps have not been taken for the issue of fresh notices or the postal stamps to cover the postal and

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registration charges have not been supplied within the prescribed time, and the Registrar shall dismiss the matter for failure to prosecute.:

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As such, the prescribed time to take steps for service of notice upon unserved respondent Nos. 2/3 as provided under Rule 1960 has been expired. 02 weeks time was granted, but all in vain. The matter is lying ideally without any progress due to not taken any steps. However, instead of passing order of dismissal outrightly, it would be just and proper to give one opportunity to take steps for service of notice upon unserved respondent Nos. 2/3.

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In turn, two weeks time (excluding Christmas vacation) is granted with directions to take appropriate steps for service of notice upon unserved respondent Nos. 2/3 without fail. On failure, Interim Application would stand dismissed against unserved respondent Nos. 2/3 without further reference to the Court of Registrar.

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Sd/-

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REGISTRAR (JUDL-II)

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sat-R(J-II)-10.12.2024

State of Maharashtra through the Deputy Collector v. Late Shri Motiram Balaram Mhatre

Case brief

What is this about?

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State of Maharashtra through the Deputy Collector v. Late Shri Motiram Balaram Mhatre

Case brief

What is this about?

What did the court decide?

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Coram

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