Disposed

Shailesh Ratilal Kamani v. Mrs. Suzy Valerian Norohna and Ors.

Bombay HC4 Sept 2024IA/9357/2024

Case brief

AI extract

What is this about?

Registrar's procedural order: notice to unserved respondent no. 4 returned unserved and no steps taken despite two weeks' time. One final opportunity of two weeks (excluding Christmas vacation) granted to effect service, failing which the Interim Application will stand dismissed without further reference.

What did the court decide?

Two weeks' final time granted to serve notice on respondent no. 4; automatic dismissal on failure.

Shailesh Ratilal Kamani vs Mrs. Suzy Valerian… — 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. 9357 OF 2024 IN FIRST APPEAL (STAMP) NO. 22078 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 : 19/12/2024

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Adv. Jagdish Choudhary i/by Raj Legal present for applicant

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The notice issued to respondent respondent no. 4 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 respondent no. 4. However, learned advocate for appellant has neither taken any steps nor supplied proper and correct address of respondent respondent no. 4.

¶8

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

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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.:

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As such, the prescribed time to take steps for service of notice upon unserved respondent respondent no. 4 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 respondent no. 4.

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In turn, two weeks time (excluding Christmas vacation) is granted with directions to take appropriate steps for service of notice upon unserved respondent respondent no. 4 without fail. On failure, Interim Application would stand dismissed against unserved respondent respondent no. 4 without further reference to the Court of Registrar.

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Sd/REGISTRAR (JUDL-II)

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sat-R(J-II)-19.12.2024

Shailesh Ratilal Kamani v. Mrs. Suzy Valerian Norohna and Ors.

Case brief

What is this about?

What did the court decide?

Shailesh Ratilal Kamani v. Mrs. Suzy Valerian Norohna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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Coram

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