Disposed

The Executive Engineer, Nira Deoghar Irrigation Project, Pune Thr.the Acquiring Body Mkvdc v. Sampat Govind Ambike and Ors.

Bombay HC24 Apr 2024IA/711/2024

Case brief

AI extract

What is this about?

Interim applications in a first appeal listed before the Registrar after notice to the unserved first respondent returned unserved and no service steps taken. Instead of dismissal for failure to prosecute under the Appellate Side Rules, three weeks were granted to complete service; on failure the applications stand dismissed 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. 711 OF 2024 ALONGWITH INTERIM APPLICATION NO. 713 OF 2024 IN FIRST APPEAL (STAMP) NO. 1305 OF 2024

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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 : 25/07/2024

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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 three times 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

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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.:

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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. 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 more opportunity to take steps for service of notice upon unserved respondent No. 1.

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In turn, three 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)-25.07.2024

The Executive Engineer, Nira Deoghar Irrigation Project, Pune Thr.the Acquiring Body Mkvdc v. Sampat Govind Ambike and Ors.

Case brief

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What the court decided

The Executive Engineer, Nira Deoghar Irrigation Project, Pune Thr.the Acquiring Body Mkvdc v. Sampat Govind Ambike and Ors.

Case brief

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What the court decided

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