The Registrar granted two weeks' time to supply copies for issuing notice to respondents. As copies were not supplied, the court granted a further two weeks, directing that failure to comply would result in automatic dismissal of the application.
Two weeks time granted to supply necessary copies.
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FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 11897 OF 2024 IN FIRST APPEAL (STAMP) NO. 21199 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 : 27/09/2024
None Present
The above numbered interim application is 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 Appellant has not supplied copies for issuing Notice to the respondent no. 2, 4 and 5.
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. 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 opportunity to supply the necessary copies.
In turn, two weeks time is granted with directions to supply necessary copies without fail. On failure, the interim application would stand dismissed against respondent no. 2, 4 and 5 without further reference to the Court of Registrar. If copies supplied, notice returnable date be extended by 10 weeks.
Sd/REGISTRAR (JUDL-II)
sat-R(J-II)-27.09.2024
1 issue framed by the court
Whether the interim application should be dismissed for non-prosecution due to failure to supply copies despite granted time?
1 provisions across 1 enactments
Appellant
Respondent no. 2
Respondent no. 4
Respondent no. 5
S. R. Agrawal
As recorded by the court registry
5 orders share this CNR
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