Bajaj Allianz General Insurance Co. Ltd., Mumbai vs Darshana Chandrashekhar Musale and Ors. — Bombay HC (2025) — LawSathi Research

Bajaj Allianz General Insurance Co. Ltd., Mumbai vs Darshana Chandrashekhar Musale and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One further opportunity of two weeks granted to the appellant to supply necessary copies without fail; on failure, the First Appeal along with Interim Application, if any, to stand dismissed against respondent Nos. 1 to 5 without further reference to the Court of Registrar; if copies supplied, notices to respondent Nos. 1, 4 and 5 returnable by ten weeks.

Issue for consideration

Whether the First Appeal should be dismissed for non-prosecution under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960 for default in payment of process fees and failure to supply copies within the prescribed time, or be given a further opportunity.

Court's answer

Under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960, matters in which process fees have not been paid and/or copies have not been supplied within the prescribed time are to be dismissed for failure to prosecute; the prescribed time having expired, this appeal was in default.

Ratio / Principle

Instead of passing an order of dismissal outrightly, it would be just and proper to give one more opportunity to supply the necessary copies.

Key takeaways

Two weeks' final time granted with directions to supply necessary copies without fail; on failure, the First Appeal along with Interim Application, if any, would stand dismissed against respondent Nos. 1 to 5 without further reference to the Court of Registrar.ratio¶11
If copies are supplied, notices are to be issued to respondent Nos. 1, 4 and 5 (Nos. 2 and 3 being minors), returnable by ten weeks.ratio¶11

Detailed headnote1 paragraphs

First Appeal No. 1085 of 2024, High Court of Judicature at Bombay, listed a second time before the Registrar (Judl-II) on 03/01/2025 for supply of copies. The prescribed time under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960 had expired, and despite two weeks earlier granted, the appellant's advocate had not supplied copies for issuing notices to respondent Nos. 1, 4 and 5 (respondent Nos. 2 and 3 being minors). Instead of dismissing the appeal outrightly for failure to prosecute, the Registrar granted one final opportunity of two weeks to supply the copies, directing that on failure the First Appeal, along with any Interim Application, would stand dismissed against respondent Nos. 1 to 5 without further reference to the Registrar; if copies were supplied, notices were to issue to respondent Nos. 1, 4 and 5, returnable by ten weeks.

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

FIRST APPEAL NO. 1085 OF 2024

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 : 03/01/2025

None Present

The above numbered First Appeal 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 Appellant has not supplied copies for issuing Notices to respondent Nos. 1, 4 and 5 (respondent Nos. 2 and 3 are minors).

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 Appellant 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 First Appeal alongwith Interim Application, if any would stand dismissed against respondent Nos. 1 to 5 without further reference to the Court of Registrar. If copies supplied, issue notices to respondent Nos. 1, 4 and 5, returnable by ten weeks.

Sd/REGISTRAR (JUDL-II)

sat-R(J-II)-03.01.2025