Disposed

The Executive Engineer, Nira Deoghar Irrigation Project, Pune v. Shri. Mahesh Vishnu Deshpande and Ors.

Bombay HC10 Jan 2024IA/256/2024

Case brief

AI extract

What is this about?

Procedural order on interim applications in a first appeal: notice to respondent No. 1 was returned unserved and the applicant took no steps for service despite three weeks' time granted. The Registrar granted a final two weeks to take service steps, failing which the applications would stand dismissed against the unserved respondent without further reference.

What the court decided

AI extract

The Executive Engineer, Nira Deoghar… — 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. 254 OF 2024 ALONGWITH INTERIM APPLICATION NO. 256 OF 2024 IN FIRST APPEAL (STAMP) NO. 34743 OF 2023

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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 : 05/09/2024

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None present

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The notice issued to respondent No. 1 is returned unserved. Therefore, the above numbered Interim Applications are listed on the board of registrar for second time for taking steps for service of notice upon unserved respondent No. 1. However, learned advocate for applicant has neither taken any steps nor supplied proper and correct address of respondent No. 1.

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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 registration charges have not

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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. 1 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 No. 1.

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In turn, two weeks time is granted with directions to take appropriate steps for service of notice upon unserved respondent No. 1 without fail. On failure, Interim Applications would stand dismissed against unserved respondent No. 1 without further reference to the Court of Registrar.

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Sd/REGISTRAR (JUDL-II)

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sat-R(J-II)-05.09.2024

The Executive Engineer, Nira Deoghar Irrigation Project, Pune v. Shri. Mahesh Vishnu Deshpande and Ors.

Case brief

What is this about?

What the court decided

The Executive Engineer, Nira Deoghar Irrigation Project, Pune v. Shri. Mahesh Vishnu Deshpande and Ors.

Case brief

What is this about?

What the court decided

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Coram

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