Registrar granted a final two-week opportunity to the appellant to take steps for serving notice on unserved respondent Nos. 2 and 3 in pending interim applications, failing which the applications would stand dismissed without further reference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 8427 OF 2024 a/w INTERIM APPLICATION NO. 8428 OF 2024 IN
FIRST APPEAL (STAMP) NO. 12957 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 : 03/12/2024
None Present
The notices issued to respondent Nos. 2 and 3 are returned unserved. Therefore, the above numbered Interim Applications are listed on the board of registrar for second time for taking steps for service of notices upon unserved respondent Nos. 2 and 3. However, learned advocate for appellant has neither taken any steps nor supplied proper and correct address of respondent Nos. 2 and 3.
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 Nos. 2 and 3 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 Nos. 2 and 3.
In turn, two weeks time is granted with directions to take appropriate steps for service of notice upon unserved respondent Nos. 2 and 3 without fail. On failure, Interim Applications would stand dismissed against unserved respondent Nos. 2 and 3 without further reference to the Court of Registrar.
Sd/REGISTRAR (JUDL-II)
sat-R(J-II)-03.12.2024
1 provisions across 1 enactments
S. R. Agrawal
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
