Interim application listed for second time for service of notice returned unserved. Court granted two weeks for service, failing which the application would stand dismissed.
Two weeks time granted to take steps for service of notice upon unserved sole respondent.
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FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 12826 OF 2024 IN FIRST APPEAL (STAMP) NO. 2845 OF 2022
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 : 04/10/2024
Adv. Aavesh Shetty i/by Adv. M.V. Kini and Co. Present for the Applicant
The notice issued to sole respondent returned unserved. Therefore, the above numbered Interim Application is listed on the board of registrar for second time for taking steps for service of notice upon unserved sole respondent. However, learned advocate for appellant has neither taken any steps nor supplied proper and correct address of sole respondent.
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 registration charges have not been supplied within the prescribed time, and the
Registrar shall dismiss the matter for failure to prosecute.:
As such, the prescribed time to take steps for service of notice upon unserved sole respondent 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 more opportunity to take steps for service of notice upon unserved sole respondent.
In turn, two weeks time is granted with directions to take appropriate steps for service of notice upon unserved sole respondent without fail. On failure, Interim Application would stand dismissed against unserved sole respondent without further reference to the Court of Registrar.
sat-R(J-II)-04.10.2024
Adv. Aavesh Shetty i/by Adv. M.V. Kini and Co.
Sole Respondent
S. R. Agrawal
As recorded by the court registry
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