Disposed

Yogesh Rajaram Zugre v. Union of India through General Manager, Mumbai

Bombay HC21 Jun 2024IA/9530/2024

Case brief

AI extract

What is this about?

Registrar's order on an interim application in a first appeal where the applicant failed to supply copies for notice despite three weeks' time. One final opportunity of two weeks was granted to supply copies; failing that, the application stands dismissed without further reference.

What did the court decide?

Two weeks' time granted to supply necessary copies; automatic dismissal on failure; ten weeks' extension of returnable date if copies supplied.

Yogesh Rajaram Zugre vs Union of India through… — 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. 9530 OF 2024 IN FIRST APPEAL (STAMP) NO. 23587 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 : 04/09/2024

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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 three weeks time was granted. However, despite of granting three weeks time, the Advocate for the Applicant has not supplied copies for issuing Notice to sole respondent.

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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. 03 weeks time was granted, but all in vain. The matter is lying ideally without any progress as learned Advocate

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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 is granted with directions to supply necessary copies without fail. On failure, the Interim Application would stand dismissed against sole respondent without further reference to the Court of Registrar. If copies supplied, notice returnable date be extended for ten weeks.

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Sd/REGISTRAR (JUDL-II)

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sat-R(J-II)-04.09.2024

Yogesh Rajaram Zugre v. Union of India through General Manager, Mumbai

Case brief

What is this about?

What did the court decide?

Yogesh Rajaram Zugre v. Union of India through General Manager, Mumbai

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

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