Registrar granted two weeks to supply copies for an interim application listed for non-prosecution, warning of dismissal if unaddressed.
Two weeks time granted to supply copies; failure leads to dismissal.
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FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 17036 OF 2023 IN FIRST APPEAL NO. 414 OF 2019
--------------------------------------------------------------------------------------------------------------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 : 06/02/2024
None present
The above numbered interim application is listed on the board of Registrar for third time for supplying copies. Already four weeks time was granted. However, despite of granting four weeks time the Advocate for the Appellant has not supplied copies for issuing notice to the Respondents.
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 nonprosecution in case of default of payment of process fees 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, interim application will stand dismissed against Respondent Nos. 1 to 3 without further reference to the Court of Registrar.
Sd/-
REGISTRAR (JUDL-II)
sat-R(J-II)-06.02.2024
1 issue framed by the court
Whether an interim application should be dismissed for non-prosecution due to failure to supply copies within the prescribed time.
2 provisions across 1 enactments
SHRI S. R. AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
