Disposed

Icici Lombard General Insurance Co. Ltd. v. Shri. Santosh Ragho Ravan and Anr.

Bombay HC25 Jan 2024IA/922/2024

Case brief

AI extract

What is this about?

Registrar dealt with interim applications in a stamp-numbered first appeal where notices to unserved respondents were returned and no steps were taken for service. Instead of dismissing per Rule 6(1)(e), the Registrar granted a final two-week opportunity, with automatic dismissal on failure.

What did the court decide?

Two weeks' time granted to take steps for serving notices on unserved respondents Nos. 1 and 2; automatic dismissal on failure.

Icici Lombard General Insurance Co. Ltd. vs… — 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. 921 OF 2024 ALONGWITH INTERIM APPLICATION NO. 922 OF 2024 IN FIRST APPEAL (STAMP) NO. 20848 OF 2023

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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 : 02/09/2024

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None present

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The notices issued to respondent Nos. 1 and 2 are returned unserved. Therefore, the above numbered Interim Application is listed on the board of registrar for second time for taking steps for service of notices upon unserved respondent Nos. 1 and 2. However, learned advocate for appellant has neither taken any steps nor supplied proper and correct addresses of respondent Nos. 1 and 2.

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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 to cover the postal and registration charges have not

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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 notices upon unserved respondent Nos. 1 and 2 as provided under Rule 1960 has been expired. 03 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 Nos. 1 and 2.

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In turn, two weeks time is granted with directions to take appropriate steps for service of notice upon unserved respondent Nos. 1 and 2 without fail. On failure, the Interim Application would stand dismissed against unserved respondent Nos. 1 and 2 without further reference to the Court of Registrar.

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Sd/REGISTRAR (JUDL-II)

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sat-R(J-II)-02.09.2024

Icici Lombard General Insurance Co. Ltd. v. Shri. Santosh Ragho Ravan and Anr.

Case brief

What is this about?

What did the court decide?

Icici Lombard General Insurance Co. Ltd. v. Shri. Santosh Ragho Ravan and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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