Disposed

The New India Assurance Co.Ltd., Mumbai v. Hemangi Mithil Chohan and Ors.

Bombay HC14 Oct 2024IA/9408/2024

Case brief

AI extract

What is this about?

Registrar's procedural order on an interim application in a first appeal (stamp). Counsel failed to supply copies for issuing notices to respondents within the time granted. Invoking the Appellate Side Rules' dismissal-for-default provision, the Registrar gave one final two-week opportunity, failing which the application would stand dismissed.

What did the court decide?

Two weeks (excluding Diwali vacation) granted to supply copies; on failure the interim application stands dismissed against respondents 1 to 4 without further reference.

The New India Assurance Co.Ltd., Mumbai 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. 9408 OF 2024 IN FIRST APPEAL (STAMP) NO. 4406 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 : 14/10/2024

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None Present

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The above numbered Interim Application is listed for second time on the Board of Registrar for supplying copies. Already two weeks time was granted. However, despite of granting two weeks time, the Advocate for the Applicant has not supplied copies for issuing Notices to respondent Nos. 1 to 4.

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In view of provisions under Chapter VII, Rule 2 (iii) of the Bombay High Court Appellate Side Rules, 1960 matters to be dismissed for non-prosecution in case of default of payment of process fess and failure to supply copies – Immediately after the expiry of the time prescribed in the foregoing sub-rules of this rule for the supply of copies, the Office shall place before the Registrar all such matters in which the process fees have not been paid and/or the copies have not been supplied within the prescribed time, and the Registrar shall dismiss all such matters for failure to prosecute.

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As such, the prescribed time to supply copies, as provided under Rules,1960 has been expired. 02 weeks time was granted, but all in vain. The matter is

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lying ideally without any progress as learned Advocate for the Applicant has not taken any steps. However, instead of passing order of dismissal outrightly, it would be just and proper to give one more opportunity to supply the necessary copies.

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In turn, two weeks time (exlcuding Diwali Vacation) is granted with directions to supply necessary copies without fail. On failure, the Interim Application would stand dismissed against respondent Nos. 1 to 4 without further reference to the Court of Registrar. If copies supplied, notice returnable date be extended for ten weeks.

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Sd/-

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REGISTRAR (JUDL-II)

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sat-R(J-II)-14.10.2024

The New India Assurance Co.Ltd., Mumbai v. Hemangi Mithil Chohan and Ors.

Case brief

What is this about?

What did the court decide?

The New India Assurance Co.Ltd., Mumbai v. Hemangi Mithil Chohan and Ors.

Case brief

What is this about?

What did the court decide?

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