Registrar's order in interim applications in a first appeal where notices to respondent Nos. 1-3 were returned unserved. One final three-week opportunity granted for service steps; failing which the applications will stand dismissed without further reference.
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FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 134 OF 2024 ALONGWITH INTERIM APPLICATION NO. 135 OF 2024 IN FIRST APPEAL (STAMP) NO. 25457 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 : 25/07/2024
Adv. Sonia Parab i/by Adv. Hemant Ghadigaonkar present for the Applicant
The notices issued to respondent Nos. 1 to 3 are returned unserved. Therefore, the above numbered Interim Applications are listed on the board of registrar for two times for taking steps for service of notices upon unserved rrespondent Nos. 1 to 3 . However, learned advocate for applicant has neither taken any steps nor supplied proper and correct addresses of respondent Nos. 1 to 3.
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 notices upon unserved respondent Nos. 1 to 3 as provided under Rule 1960 has been expired. 03 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 respondent Nos. 1 to 3.
In turn, three weeks time is granted with directions to take appropriate steps for service of notices upon unserved respondent Nos. 1 to 3 without fail. On failure, Interim Applications would stand dismissed against unserved respondent Nos. 1 to 3 without further reference to the Court of Registrar.
Sd/REGISTRAR (JUDL-II)
sat-R(j-II)-25.07.2024
1 provisions across 1 enactments
Applicant
Respondent No. 1
Respondent No. 2
Respondent No. 3
S. R. Agrawal
As recorded by the court registry
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