Tata Aig General Insurance Co. Ltd. Mumbai vs Aman Abdul Baig and Anr. — Bombay HC (2025) — LawSathi Research

Tata Aig General Insurance Co. Ltd. Mumbai vs Aman Abdul Baig and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One last opportunity of 02 weeks (excluding Diwali Vacation) granted to the appellant's advocate to supply the necessary copies for issuance of notice to respondent Nos. 1 and 2; on failure, the First Appeal along with Interim Application, if any, to stand dismissed against respondent Nos. 1 and 2 without further reference to the Court of Registrar; if copies are supplied, notices to issue returnable by ten weeks.

Issue for consideration

Whether the First Appeal, listed twice for supply of copies with time already granted, 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, 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 non-prosecution by the Registrar.

Ratio / Principle

Instead of passing an order of dismissal outright, the Registrar held it just and proper to give one more opportunity to supply the necessary copies.

Key takeaways

The learned advocate for the appellant is directed to supply the necessary copies within 02 weeks (excluding Diwali Vacation) without fail.ratio¶11
On failure to supply copies, the First Appeal along with the Interim Application, if any, would stand dismissed against respondent Nos. 1 and 2 without further reference to the Court of Registrar.ratio¶11
If copies are supplied, notices are to be issued to respondent Nos. 1 and 2, returnable by ten weeks.

Detailed headnote1 paragraphs

Procedural order dated 15/10/2025 by the Registrar (Judl-II), High Court of Judicature at Bombay, in First Appeal No. 1744 of 2025. The appeal, listed for the second time on the Board of Registrar for supplying copies, had not progressed despite two weeks' time already granted, as the Advocate for the Appellant failed to supply copies for issuing notices to respondent Nos. 1 and 2. Invoking Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960 (under which matters where process fees are unpaid and/or copies unsupplied within the prescribed time are to be dismissed for non-prosecution), the Registrar nonetheless declined to dismiss outrightly and granted one final opportunity: copies to be supplied within 02 weeks (excluding Diwali Vacation), failing which the First Appeal along with any Interim Application would stand dismissed against respondent Nos. 1 and 2 without further reference to the Court of Registrar; if copies are supplied, notices to respondent Nos. 1 and 2 to issue returnable by ten weeks.

FARAD CONTINUATION SHEET NO. 7 THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

FIRST APPEAL NO. 1744 OF 2025

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 : 15/10/2025

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 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 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, the learned advocate for the appellant is directed to supply necessary copies within 02 weeks (excluding Diwali Vacation) without fail. On failure, the First Appeal alongwith Interim Application, if any would stand dismissed against respondent Nos. 1 and 2 without further reference to the Court of Registrar. If copies supplied, issue notices to respondent Nos. 1 and 2, returnable by ten weeks.

Sd/REGISTRAR (JUDL-II)

sat-R(J-II)-15.10.2025