Disposed

Kiran Ramesh Waghari v. Oriental Insurance Co.Ltd. through Motor Third Party Claim Hub

Bombay HC27 Feb 2024IA/1403/2024

Case brief

AI extract

What is this about?

Bombay High Court Registrar (Judl-II) order dated 02/09/2024; Civil Application No. 2824 of 2017 a/w Interim Application No. 1403 of 2024 in First Appeal Stamp No. 12619 of 2017; dismissal for non-prosecution; failure to supply copies; default of process fees; Chapter VII Rule 2 (iii) Bombay High Court Appellate Side Rules, 1960; notice to respondent no. 5; three weeks' time expired; final opportu

What did the court decide?

Final opportunity of two weeks granted to the Applicant/Appellant to supply the necessary copies; failing which the Civil/Interim Applications would stand dismissed against respondent no. 5 without fu

Kiran Ramesh Waghari vs Oriental Insurance Co.Ltd. through Motor Third Party Claim Hub — Bombay HC (2024) — LawSathi Research

¶1

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

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CIVIL APPLICATION NO. 2824 OF 2017 a/w INTERIM APPLICATION NO. 1403 OF 2024 IN

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FIRST APPEAL STAMP NO. 12619 OF 2017

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

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

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DATE : 02/09/2024

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None Present

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The above numbered civil/interim applications are listed for second time on the Board of Registrar for supplying copies. Already three weeks time was granted. However, despite of granting three weeks time, the Advocate for the Appellant has not supplied copies for issuing Notice to the respondent no. 5.

¶9

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

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all such matters for failure to prosecute.

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As such, the prescribed time to supply copies, as provided under Rules,1960 has been expired. 03 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.

¶12

In turn, two weeks time is granted with directions to supply necessary copies without fail. On failure, the Civil/Interim Applications would stand dismissed against respondent no. 5 without further reference to the Court of Registrar.

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Sd/REGISTRAR (JUDL-II)

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sat-R(J-II)-02.09.2024

Kiran Ramesh Waghari v. Oriental Insurance Co.Ltd. through Motor Third Party Claim Hub

Case brief

What is this about?

What did the court decide?

Kiran Ramesh Waghari v. Oriental Insurance Co.Ltd. through Motor Third Party Claim Hub

Case brief

What is this about?

What did the court decide?

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