Disposed

Depot Manager, Maharashtra State Road Transport Corporation and Anr. v. Smt. Sarika Kashinath Narute and Ors.

Bombay HC26 Jul 2024IA/10853/2024

Case brief

AI extract

What is this about?

Registrar's procedural order granting a final two-week extension to supply copies for notices in interim applications in an appeal, failing which they would stand dismissed for non-prosecution.

What did the court decide?

Two weeks' time granted to supply copies; on failure, interim applications to stand dismissed automatically against respondent Nos.1 to 6.

Depot Manager, Maharashtra State Road… — 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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INTERIM APPLICATION NO. 10852 OF 2024 ALONGWITH INTERIM APPLICATION NO. 10853 OF 2024 IN FIRST APPEAL (STAMP) NO. 19494 OF 2024

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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 : 14/10/2024

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None Present

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The above numbered Interim Applications are listed for second time on the Board of Registrar for supplying copies. Already two weeks time was granted. However, despite of granting two weeks time, the Advocate for the Applicant has not supplied copies for issuing Notices to respondent Nos.1, 5 and 6 (respondent Nos. 2 to 4 are minor).

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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. As such, the prescribed time to supply copies, as

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provided under Rules,1960 has been expired. 02 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 more opportunity to supply the necessary copies.

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In turn, two weeks time (excluding Diwali vacation) is granted with directions to supply necessary copies without fail. On failure, the Interim Applications would stand dismissed against respondent Nos.1 to 6 without further reference to the Court of Registrar. If copies supplied, notice returnable date be extended for ten weeks.

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Sd/-

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sat-R(J-II)-14.10.2024

Depot Manager, Maharashtra State Road Transport Corporation and Anr. v. Smt. Sarika Kashinath Narute and Ors.

Case brief

What is this about?

What did the court decide?

Depot Manager, Maharashtra State Road Transport Corporation and Anr. v. Smt. Sarika Kashinath Narute and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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Depot Manager, Maharashtra State Road Transport Corporation and Anr. vs Smt. Sarika Kashinath Narute and Ors.