Dismissed

National Insurance Company Ltd. v. Atul Vitthal Mapari Thr. His Next Friend Wifr Smt. Ashwini Atul Mapari

Bombay HC7 Oct 2024IA/11067/2024

Case brief

AI extract

What is this about?

Registrar granted two weeks (excluding Diwali) to supply copies in an intermittent application under the Bombay High Court Appellate Side Rules, warning of dismissal if copies are not submitted. The matter was listed twice previously without progress by the applicant's advocate.

What did the court decide?

Two weeks (excluding Diwali) to supply copies; failure to do so warrants dismissal against respondents.

National Insurance Company Ltd. vs Atul… — Civil Procedure and Limitation | Bombay HC (2024)

¶1

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

¶2

INTERIM APPLICATION NO. 11067 OF 2024 ALONGWITH INTERIM APPLICATIONNO. 11068 OF 2024 IN FIRST APPEAL (STAMP) NO. 18140 OF 2024

¶3

Office Notes, Office Memoranda of Coram, Court’s or Judge’s order appearance, Court’s Orders or directions and Registrar’s orders

¶4

--------------------------------------------------------------------------------------------------------------CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II)

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DATE : 21/10/2024

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None Present

¶7

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 and 2.

¶8

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.

¶9

As such, the prescribed time to supply copies, as provided under Rules,1960 has been expired. 02

¶10

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.

¶11

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 and 2 without further reference to the Court of Registrar. If copies supplied, notice returnable date be extended for ten weeks.

¶12

Sd/-

¶13

REGISTRAR (JUDL-II)

¶14

sat-R(J-II)-21.10.2024

National Insurance Company Ltd. v. Atul Vitthal Mapari Thr. His Next Friend Wifr Smt. Ashwini Atul Mapari

Case brief

What is this about?

What did the court decide?

National Insurance Company Ltd. v. Atul Vitthal Mapari Thr. His Next Friend Wifr Smt. Ashwini Atul Mapari

Case brief

What is this about?

What did the court decide?

What the court decided

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