Disposed

Bajaj Allianz General Insurance Comapny Ltd. v. Ramesh Kumar Rajdev Pal and Anr.

Bombay HC2 Sept 2024IA/9918/2024

Case brief

AI extract

What is this about?

Registrar's order in an interim application where notices to respondents 1 and 2 returned unserved and the applicant took no steps. One further opportunity of two weeks was granted to serve notice; failing which the application would stand dismissed without further reference.

What did the court decide?

Two weeks' time granted to take steps for service of notices on respondent Nos. 1 and 2; automatic dismissal on failure.

Bajaj Allianz General Insurance Comapny Ltd… — Civil Procedure and Limitation | Bombay HC (2024)

¶1

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

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INTERIM APPLICATION NO. 9918 OF 2024 IN FIRST APPEAL NO. 993 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 : 12/11/2024

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None present

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The notices issued to respondent Nos. 1 and 2 are returned unserved. Therefore, the above numbered Interim Application is listed on the board of registrar for second time for taking steps for service of notices upon unserved respondent Nos. 1 and 2. However, learned advocate for applicant has neither taken any steps nor supplied proper and correct addresses of respondent Nos. 1 and 2.

¶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 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

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Registrar shall dismiss the matter for failure to prosecute.:

¶10

As such, the prescribed time to take steps for service of notices upon unserved respondent Nos. 1 and 2 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 more opportunity to take steps for service of notice upon unserved respondent Nos. 1 and 2.

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In turn, two weeks time is granted with directions to take appropriate steps for service of notice upon unserved respondent Nos. 1 and 2 without fail. On failure, Interim Application would stand dismissed against unserved respondent Nos. 1 and 2 without further reference to the Court of Registrar.

¶12

Sd/REGISTRAR (JUDL-II)

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sat-R(J-II)-12.11.2024

Bajaj Allianz General Insurance Comapny Ltd. v. Ramesh Kumar Rajdev Pal and Anr.

Case brief

What is this about?

What did the court decide?

Bajaj Allianz General Insurance Comapny Ltd. v. Ramesh Kumar Rajdev Pal and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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