Disposed

Bajaj Allianz General Insurance Co. Ltd. v. Sharada Subhash Bhakare and Ors.

Bombay HC26 Sept 2024IA/1874/2024

Case brief

AI extract

What is this about?

The High Court Bench, noting an Interim Application lay failed due to inability to serve the third respondent, dismissed it pursuant to Appellate Side Rules for non-prosecution, and granted a final extension to take steps for service.

What did the court decide?

Two weeks time granted for service of notice on unserved respondent no. 3; further failure leads to dismissal without reference.

Bajaj Allianz General Insurance Co. Ltd. vs… — Civil Procedure and Limitation | Bombay HC (2024)

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

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INTERIM APPLICATION NO. 1874 OF 2024 IN FIRST APPEAL (STAMP) NO. 5483 OF 2024

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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 : 26/07/2024

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None Present

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The notice issued torespondent no. 3 is returned unserved. Therefore, the above numbered Interim Application is listed on the board of registrar for two times for taking steps for service of notices upon unservedrespondent no. 3. However, learned advocate for appellant has neither taken any steps nor supplied proper and correct address of respondent no. 3.

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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

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registration charges have not been supplied within the prescribed time, and the Registrar shall dismiss the matter for failure to prosecute.:

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As such, the prescribed time to take steps for service of notice upon unserved respondent no. 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 opportunity to take steps for service of notice upon unserved respondent no. 3.

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In turn, two weeks time is granted with directions to take appropriate steps for service of notice upon unservedrespondent no. 3 without fail. On failure, Interim Application would stand dismissed against unserved respondent no. 3 without further reference to the Court of Registrar.

¶12

sat-R(J-II)-26.07.2024

Bajaj Allianz General Insurance Co. Ltd. v. Sharada Subhash Bhakare and Ors.

Case brief

What is this about?

What did the court decide?

Bajaj Allianz General Insurance Co. Ltd. v. Sharada Subhash Bhakare and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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Coram

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