The New India Assurance Co.Ltd., Mumbai Vs Devibai Suresh Rathod and Ors. — Bombay HC (2024) — LawSathi Research

The New India Assurance Co.Ltd., Mumbai Vs Devibai Suresh Rathod and Ors. — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

One final opportunity of two weeks (excluding Diwali Vacation) to supply necessary copies; failing which the Interim Applications would stand dismissed against respondent Nos. 1 to 5 without further reference; if copies supplied, notice returnable date to be extended for ten weeks.

Issue for consideration

Whether the Interim Applications should be dismissed for non-prosecution due to default in payment of process fees and failure to supply copies within the prescribed time, or be granted a further opportunity.

Court's answer

Instead of dismissing the Interim Applications outright for failure to supply copies, the Registrar granted one further opportunity: two weeks' time (excluding Diwali Vacation) with directions to supply the necessary copies without fail.

Ratio / Principle

On failure to supply the copies within the granted time, the Interim Applications would stand dismissed against respondent Nos. 1 to 5 without further reference to the Court of Registrar.

Key takeaways

If copies are supplied, the notice returnable date is to be extended for ten weeks.ratio¶11

Detailed headnote1 paragraphs

Registrar (Judl-II), High Court of Judicature at Bombay, Civil Appellate Jurisdiction (23/10/2024): Interim Application Nos. 9770 and 9771 of 2024 in First Appeal (Stamp) No. 29175 of 2023 listed for the second time before the Registrar because the Applicant's Advocate failed to supply copies for issuing notices to respondent Nos. 1 to 5 despite two weeks' time. Invoking Chapter VII, Rule 2 (iii) of the Bombay High Court Appellate Side Rules, 1960 (dismissal for failure to prosecute where process fees unpaid and/or copies unsupplied), the Registrar declined outright dismissal and granted one last opportunity of two weeks (excluding Diwali Vacation) to supply copies; on failure the Interim Applications would stand dismissed against respondent Nos. 1 to 5 without further reference to the Court of Registrar; if copies are supplied, the notice returnable date stands extendable by ten weeks.

FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 9770 OF 2024 ALONGWITH INTERIM APPLICATION NO. 9771 OF 2024 IN FIRST APPEAL (STAMP) NO. 29175 OF 2023

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 : 23/10/2024

None Present

The above numbered Interim Applications are 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 5.

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.

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 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.

In turn, two weeks time (excluding Diwali Vacation) is granted with directions to supply necessary copies without fail. On failure, the Interim Applications would stand dismissed against respondent Nos. 1 to 5 without further reference to the Court of Registrar. If copies supplied, notice returnable date be extended for ten weeks.

Sd/-

REGISTRAR (JUDL-II)

sat-R(J-II)-23.10.2024