Bhikaji Dashrath Gurav v. Mangal Balu Dhanukate and Ors.
Case brief
What is this about?
Registrar's procedural order on interim applications for supplying copies in a first appeal; despite four weeks' time, copies were not supplied, so a final two-week opportunity was granted with automatic dismissal on default.
What the court decided
FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1335 OF 2024 ALONGWITH INTERIM APPLICATION NO. 1336 OF 2024 IN FIRST APPEAL (STAMP) NO. 34329 OF 2023
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 : 04/07/2024
None Present
The above numbered Interim Applications are listed for third time on the Board of Registrar for supplying copies. Already four weeks time was granted. However, despite of granting four weeks time, the Advocate for the Applicant has not supplied copies for issuing Notices to respondent Nos. 1 to 4.
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. 04
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.
Parties & counsel
- applicant
Applicant
- respondent
Respondent Nos. 1 to 4
Coram
S. R. AGRAWAL
Case details
As recorded by the court registry
All orders in this case
8 orders share this CNR
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