Registrar's procedural order on interim applications pending for failure to supply copies; instead of outright dismissal under Chapter VII Rule 2(iii), one further two-week extension granted, with automatic dismissal if copies are not supplied.
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FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 9859 OF 2024 ALONGWITH INTERIM APPLICATION NO. 9860 OF 2024 IN FIRST APPEAL (STAMP) NO. 31571 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 H.M. BHOSALE I/C. REGISTRAR (JUDL -II)
DATE : 08/10/2024
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 and 2. 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 is granted with directions to supply necessary copies without fail. On failure, the Interim Applications would stand dismissed against respondent Nos. 1 and 2 without further reference to the Court of Registrar. If copies supplied, notice returnable date be extended for ten weeks.
Sd/I/C. REGISTRAR (JUDL-II)
sat-R(J-II)-08.10.2024
1 issue framed by the court
Whether the Registrar should dismiss the interim applications for failure to supply copies within the prescribed time, or grant a further opportunity.
1 provisions across 1 enactments
Applicant
Respondent No. 1
Respondent No. 2
H.M. Bhosale
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
