Disposed

Asha Ashok Chavan and Ors. v. Uday Ramchandra Takale and Anr.

Bombay HC12 Jul 2024IA/6700/2024

Case brief

AI extract

What is this about?

Registrar's order on service failure in an interim application in a first appeal. Notice to respondent was unserved and no steps were taken despite two weeks granted; citing Rule 6(1)(e) Appellate Side Rules 1960, the Registrar gave one final fortnight to effect service, failing which the application would stand dismissed automatically.

What the court decided

AI extract

Asha Ashok Chavan and Ors. vs Uday Ramchandra… — 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. 6700 OF 2024 IN FIRST APPEAL (STAMP) NO. 33228 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 : 11/09/2024

¶6

None Present

¶7

The notice issued to respondent No. 1 is returned unserved. Therefore, the above numbered Interim Application is 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.

¶8

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 been supplied within the prescribed time, and the Registrar shall dismiss the matter for failure to

¶9

prosecute.:

¶10

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. 02 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. 1.

¶11

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 Application would stand dismissed against unserved respondent No. 1 without further reference to the Court of Registrar.

¶12

Sd/REGISTRAR (JUDL-II)

¶13

sat-R(J-II)-11.09.2024

Asha Ashok Chavan and Ors. v. Uday Ramchandra Takale and Anr.

Case brief

What is this about?

What the court decided

Asha Ashok Chavan and Ors. v. Uday Ramchandra Takale and Anr.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

All orders in this case

Similar cases

Mrs. Sultana Salim Inamdar and Ors. vs Mr. Rajendra Laxmansing Rajput and Anr.

Mrs. Sultana Salim Inamdar and Ors. vs Mr. Rajendra Laxmansing Rajput and Anr.

Rohit @ Kachya Rajendra Kchare vs State of Maharashtra

Relince General Insurance Co. Ltd. Mumbai vs Mr. Mohd. Mustakim Suslim Shah and Anr.

Deshbhakta Ratnappanna Kumbhar Janta Central Co.Op. Consumer Stores Ltd., through Chairman vs State of Maharashtra through Secretary and Ors.

Maharashtra State Road Transport Corporation Thr. Its General Manager vs Mr. Shravankumar Alias Pappu Ramlularak Dubey and Ors.