Interim application in a first appeal where notice to respondent No.1 was returned unserved and no steps were taken despite prior time. The Registrar granted a final two weeks to take service steps, failing which the interim application would stand dismissed, and ordered re-issue of notice to respondent No.2.
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FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO 7473 OF 2024 IN FIRST APPEAL (STAMP) NO. 14778 OF 2023
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 : 03/12/2024
Adv. Ritesh Bohade i/by Adv. Rina Kundu present for Applicant
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 appellant has neither taken any steps nor supplied proper and correct address of respondent No. 1.
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 prosecute.:
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.
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.
Notices issued to respondent nos. 2 on 16/08/2024 are not returned till date. Hence, Re-issue notice to the respondent nos. 2 talongwith reminder through the Hon’ble Principal District Judge, returnable by 10 weeks.
Sd/REGISTRAR (JUDL-II)
sat-R(J-II)-03.12.2024
1 issue framed by the court
Whether the applicant should be granted further time to take steps for service of notice upon the unserved respondent No. 1.
1 provisions across 1 enactments
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
