Shrushti Sunil Dhamne Anr. Ors. v. Prakash Dhindu Parab Ana Anr.
Case brief
What is this about?
Registrar's order on an interim application where notice on respondent No. 2 returned unserved and no steps were taken. One final two-week opportunity was granted; failing which the application would stand dismissed against the unserved respondent automatically.
What did the court decide?
Two weeks granted to take steps for service of notice on unserved respondent No. 2; automatic dismissal on default.
What the court decided
FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7075 OF 2024 IN FIRST APPEAL (STAMP) NO. 6189 OF 2024
Office Notes, Office 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 : 18/09/2024
None present
The notice issued to respondent No. 2 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. 2. However, learned advocate for applicant has neither taken any steps nor supplied proper and correct address of respondent No. 2.
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
Issues for consideration
1 issue framed by the court
Whether the applicant should be given a further opportunity to take steps for service of notice on the unserved respondent despite expiry of the prescribed time.
Parties & counsel
- applicant
Applicant
- respondent
Respondent No. 2
Coram
S. R. Agrawal
Case details
As recorded by the court registry
All orders in this case
8 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court