Registrar ordered two weeks to supply copies or face dismissal of Interim Application after defaulting on previous extension.
Time of two weeks granted to supply necessary copies; non-compliance will lead to dismissal of the interim application.
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FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 16245 OF 2023 IN FIRST APPEAL (STAMP) NO. 7431 OF 2023
Ofoce Notes, Ofoce 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 : 19/03/2024
None present
The above numbered Interim Application is 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 Notice to the Sole Respondent.
Here reference to Chapter VII of the Bombay High Court, Appellate Side Rules, 1960 [for short “Rules”] may be conveniently made. It states about Processes, Process fees, Printing charges, Security for costs and other procedure after admission etc.
In view of provisions under Chapter VII, Rule 2 (iii) 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 Ofoce 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.
The prescribed time to supply copies 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 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 will stand dismissed against sole respondent without further reference to the Court of Registrar.
Sd/REGISTRAR (JUDL-II)
sat-R(J-II)-19.03.2024
1 issue framed by the court
Whether to dismiss the interim application for failure to supply copies and pay process fees despite granted time.
2 provisions across 2 enactments
Applicant
S. R. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
