Respondent notices returned unserved. One week previously granted 04 weeks; no progress. Court grants two weeks to serve notices. Failure to act will result in dismissal of the Interim Application.
Time of two weeks granted to take steps to serve respondent Nos. a and b. Failure will lead to dismissal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3861 OF 2023 IN FIRST APPEAL (STAMP) NO. 28745 OF 2022
--------------------------------------------------------------------------------------------------------------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 : 14/03/2024
None Present
The notices issued to respondent Nos. a and b are returned unserved. Therefore, the above numbered Interim Application is listed on the board of registrar for three times for taking steps against unserved respondent Nos. a and b. However, the learned advocate for the applicant has neither taken steps nor supplied proper and correct address of respondent Nos. a and b.
Here reference to Chapter VII Rule 6 Sub rule 1 & 2 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 6 (1) (e), 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 ofoce 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 been supplied within the prescribed time, and the Registrar shall dismiss the matter for failure to prosecute.:
As such, the prescribed time to take steps against unserved respondent Nos. a and b as provided under Rule 1960 has been expired. 04 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 against unserved respondent Nos. a and b.
In turn, two weeks time is granted with directions to take steps against unserved respondent Nos. a and b without fail. On failure, the Interim Application would stand dismissed against unserved respondent Nos. a and b without further reference to the Court of Registrar.
Sd/REGISTRAR (JUDL-II)
sat-R(J-II)-14.03.2024
2 issues framed by the court
Whether the applicant is to be granted additional time to take steps to serve notices on unserved respondents.
Whether the matter should be dismissed for failure to prosecute.
2 provisions across 1 enactments
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
