Disposed

Reliance General Insurance Co. Ltd. v. Smt. Pervin Mahamadsha Patel and Ors.

Bombay HC25 Apr 2024IA/641/2024

Case brief

AI extract

What is this about?

Registrar's order on an interim application to bring legal representatives of deceased respondent No. 6 on record. Steps not taken despite five weeks. One further two-week opportunity granted; failing which, proceedings stand abated against the deceased respondent without further reference.

What did the court decide?

Two weeks' final opportunity granted to bring legal representatives of deceased respondent No. 6 on record; otherwise abatement automatic.

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

¶1

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

¶2

INTERIM APPLICATION NO. 641 OF 2024 IN FIRST APPEAL (STAMP) NO. 22302 OF 2023

¶3

Office Notes, Office Memoranda of Coram, Court’s or Judge’s order appearance, Court’s Orders or directions and Registrar’s orders

¶4

CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II)

¶5

DATE : 11/07/2024

¶6

None presernt

¶7

As per Bailiff’s Report, Notice of respondent No. 6 is returned unserved with remark “expired“

¶8

The above numbered Interim Application is listed for third time on the board of Registrar for taking steps to bring the legal representatives of deceased respondent No. 6 on record. Already five weeks time was granted. However, despite of granting five weeks time, learned Advocate for the Applicant has not taken any steps for bringing the legal representatives of deceased respondent No. 6 on record.

¶9

In view of provisions under Chapter VII, Rule 6 (2)of the Bombay High Court, Appellate Side Rules, 1960, in cases where 90 days have elapsed from the reported death of any of the parties to the appeal and no action has been taken by the Appellant to bring the heirs of the deceased party on record the matter shall be placed before the Registrar for orders regarding the abatement of the appeal as against the deceased party as soon as possible.

¶10

As such, the prescribed time to bring on record the legal representatives of deceased respondent No. 6 as provided under Rules 1960 has been expired. 05 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 abatement outrightly, it would be just and proper to give one opportunity to take appropriate steps for bringing on record the legal representatives of deceased respondent No. 6, if any .

¶11

In turn, two weeks time is granted with direction to take appropriate steps for bringing on record the legal representatives of deceased respondent No. 6, if any on record. On failure, proceeding would stand abated against deceased respondent No. 6 without further reference to the Court of Registrar.

¶12

Sd/REGISTRAR (JUDL-II)

¶13

sat-R(J-II)-11.07.2024

Reliance General Insurance Co. Ltd. v. Smt. Pervin Mahamadsha Patel and Ors.

Case brief

What is this about?

What did the court decide?

Reliance General Insurance Co. Ltd. v. Smt. Pervin Mahamadsha Patel and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

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