Disposed¶11

National Insurance Co. Ltd. v. Mr. Bhimrao Sambhaji Jadhav and Ors.

Bombay HC7 May 2025FA/1486/2024

Case brief

AI extract

What is this about?

Abatement of appeal; failure to bring legal representatives of deceased respondent on record; Bombay High Court First Appeal No. 1486 of 2024; Registrar (Judl.-II) S.R. Agrawal; order dated 18/06/2025; death of respondent No. 4 Sambhaji Tukaram Jadhav vide Bailiff's report dated 04/01/2025; Chapter VII Rule 6(2) Bombay High Court Appellate Side Rules 1960; 90 days from reported death; six weeks' time lapsed unused; last opportunity of 07 weeks; abatement without further reference to Registrar; None present at hearing.

What did the court decide?

One last opportunity of 07 weeks granted to the appellant to bring the legal representatives of deceased respondent No. 4 on record; on failure the proceeding shall stand abated against deceased respondent No. 4 without further reference to the Court of Registrar. ¶11

National Insurance Co. Ltd. vs Mr. Bhimrao Sambhaji Jadhav and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶11

Issue for consideration

Whether, the prescribed time having expired without steps to bring the legal representatives of deceased respondent No. 4 on record, the appeal should be ordered abated outright or one further opportunity be given.

¶10

Court's answer

Invoking Chapter VII Rule 6(2) of the Bombay High Court Appellate Side Rules, 1960, where 90 days elapse from the reported death of a party and the appellant takes no steps to bring the heirs on record, the matter is to be placed before the Registrar for orders on abatement.

¶9

Ratio / Principle

Instead of passing an order of abatement outright, it was held just and proper to give one opportunity to take steps for bringing the legal representatives of deceased respondent No. 4 on record.

¶10

Key takeaways

The learned advocate for the appellant was directed to take appropriate steps to bring the legal representatives of deceased respondent No. 4 on record within 07 weeks.ratio¶11
On failure to comply within 07 weeks, the proceeding shall stand abated against deceased respondent No. 4 without further reference to the Court of Registrar.ratio¶11

Detailed headnote1 paragraphs

Bombay High Court, First Appeal No. 1486 of 2024 — Registrar (Judl.-II), Shri S.R. Agrawal, order dated 18/06/2025. Respondent No. 4, Sambhaji Tukaram Jadhav, was reported dead vide Bailiff's report dated 04/01/2025. Six weeks earlier granted to bring his legal representatives on record had lapsed without any steps by the appellant. Noting that under Chapter VII, Rule 6(2) of the Bombay High Court Appellate Side Rules, 1960, where 90 days elapse from the reported death of a party without the appellant bringing the heirs on record, the matter is to be placed before the Registrar for orders on abatement, the Registrar declined to order abatement outright and granted one last opportunity of 07 weeks to the appellant to bring the legal representatives of deceased respondent No. 4 on record, directing that on failure the proceeding shall stand abated against deceased respondent No. 4 without further reference to the Court of Registrar.

¶1

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

¶2

FIRST APPEAL NO. 1486 OF 2024

¶3

Office Notes, Office Memoranda of Coram, Court’s or Judge’s order appearance, Court’s Orders or directions and Registrar’s orders

¶4

CORAM : SHRI. S.R. AGRAWAL REGISTRAR (JUDL -II)

¶5

DATE : 18/06/2025

¶6

None Present

¶7

The respondent No. 4- Sambhaji Tukaram Jadhav is reported to be dead vide Bailiff’s report dated 04/01/2025.

¶8

The above numbered First Appeal is listed for second time on the board of Registrar for taking steps to bring the legal representatives of deceased respondent No. 4 on record. Already six weeks time was granted. However, despite of granting six weeks time, learned Advocate for the Appellant has not taken any steps for bringing the legal representatives of respondent No. 4 on record.

¶9

In view of provisions under Chapter VII, Rule 6 (2)of the Bombay High Court, Appellate Side Rules, 1960, in cases where 90 days have elapsed from the reported death of any of the parties to the appeal and no action has been taken by the Appellant to bring the heirs of the deceased party on record the matter shall be placed before the Registrar for orders regarding the abatement of the appeal as against the deceased party as soon as possible.

¶10

As such, the prescribed time to bring on record the legal representatives of deceased respondent No. 4 as provided under Rules 1960 has been expired. 06 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 abatement outrightly, it would be just and proper to give one opportunity to take appropriate steps for bringing on record the legal representatives of deceased respondent No. 4, if any.

¶11

In turn, the learned advocate for the appellant is directed to take appropriate steps for bringing on record the legal representatives of deceased respondent No. 4, if any on record within 07 weeks. On failure, proceeding would stand abated against deceased respondent No. 4 without further reference to the Court of Registrar.

¶12

Sd/REGISTRAR (JUDL-II)

¶13

sat-R(J-II)-18.06.2025

National Insurance Co. Ltd. v. Mr. Bhimrao Sambhaji Jadhav and Ors.

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd. v. Mr. Bhimrao Sambhaji Jadhav 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

Similar cases

Giridahrilal Shankarlal Mehta and Anr. vs Sou. Jagdevi Hanmantu Gaikwad and Ors.

S.B Estate Private Limited Thr Its Director Sharad Dattatray Bal vs Shri. Ravindra Indrajit Sahani and Ors.

Gunvanti Balu Sutar and Others vs Babu Bapu Nandiwale and Others

Khalil Ahmed Fazandar (Dec.) Thr. Lrs. Naushin Khalil Fajandar vs Bee Mohammed Fatima,Proprietress of M/S. Fatima Enterprises, Thr. C.A. Qureshi Salim Mohammed Umar

Gopal Sitaram Mundada (Deceased) Thr Its Govind Gopal Mundada vs Laxminarayan Mandir Trust and Ors.

Mangal Mohan Bhise and Ors. Vs Nanda Uttam Shinde and Ors.