Disposed¶11

Maharashtra Krishna Valley Development Corporation Thr. Executive Engineer v. Mr. Anant Saduppa Kamble and Ors.

Bombay HC9 Apr 2025CAF/86/2024

Case brief

AI extract

What is this about?

Supply of copies default; dismissal for non-prosecution; Chapter VII Rule 2(iii) Bombay High Court Appellate Side Rules 1960; process fees default; last opportunity granted; conditional dismissal without further reference to Registrar; notices returnable by ten weeks; Registrar (Judicial-II); Civil Application in First Appeal (Stamp) No. 21173 of 2018; Bombay High Court Appellate Side; order dated 03/01/2025.

What did the court decide?

Final opportunity of two weeks granted to the Applicant to supply the necessary copies; on failure, the Civil Application to stand dismissed against respondent Nos. 1, 2, 3A, 4 and 5 without further reference to the Court of Registrar; if copies supplied, notices to issue to those respondents returnable by ten weeks. ¶11

Maharashtra Krishna Valley Development Corporation Thr. Executive Engineer vs Mr. Anant Saduppa Kamble and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Civil Application should be dismissed for non-prosecution for failure to supply copies within the prescribed time, or whether a further opportunity ought to be granted.

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Court's answer

Instead of dismissing the Civil Application outright for failure to supply copies within the prescribed time (a prior two-week period having elapsed without compliance), the Registrar granted one more opportunity of two weeks to supply the necessary copies.

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Ratio / Principle

On failure to supply the copies within the two weeks granted, the Civil Application would stand dismissed against respondent Nos. 1, 2, 3A, 4 and 5 without further reference to the Court of Registrar.

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Key takeaways

If the copies are supplied, notices are to be issued to respondent Nos. 1, 2, 3A, 4 and 5, returnable by ten weeks.ratio¶11

Detailed headnote1 paragraphs

Bombay High Court, Registrar (JUDL-II) (S. R. Agrawal), order dated 03/01/2025, in Civil Application No. 86 of 2024 in First Appeal (Stamp) No. 21173 of 2018: The Civil Application, listed for the second time on the Board of Registrar for supply of copies, had not been complied with despite two weeks' time earlier granted, the Advocate for the Applicant having taken no steps. Referring to Chapter VII, Rule 2 (iii) of the Bombay High Court Appellate Side Rules, 1960 (under which matters are to be dismissed for non-prosecution on default of payment of process fees and failure to supply copies), the Registrar, instead of dismissing the application outright, granted one more opportunity of two weeks to supply the necessary copies, directing that on failure the Civil Application would stand dismissed against respondent Nos. 1, 2, 3A, 4 and 5 without further reference to the Court of Registrar, and that if copies were supplied, notices would issue to those respondents returnable by ten weeks.

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

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CIVIL APPLICATION NO. 86 OF 2024 IN FIRST APPEAL (STAMP) NO. 21173 OF 2018

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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 : 03/01/2025

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None Present

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The above numbered Civil 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, 2, 3A, 4 and 5.

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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 is granted with directions to supply necessary copies without fail. On failure, the Civil Application would stand dismissed against respondent Nos. 1, 2, 3A, 4 and 5 without further reference to the Court of Registrar. If copies supplied, issue notices to respondent Nos. 1, 2, 3A, 4 and 5, returnable by ten weeks.

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Sd/REGISTRAR (JUDL-II)

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sat-R(J-II)-03.01.2025

Maharashtra Krishna Valley Development Corporation Thr. Executive Engineer v. Mr. Anant Saduppa Kamble and Ors.

Case brief

What is this about?

What did the court decide?

Maharashtra Krishna Valley Development Corporation Thr. Executive Engineer v. Mr. Anant Saduppa Kamble and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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