Ashok Atmaram Deshmukh vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

Ashok Atmaram Deshmukh vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One final opportunity granted to the learned advocate for the applicant to supply the necessary copies within 02 weeks without fail; on failure, the Interim Applications to stand dismissed against respondent Nos. 1 to 5 without further reference to the Court of Registrar; if copies supplied, notices to issue to respondent Nos. 1 to 5, returnable by eight weeks.

Issue for consideration

Whether the Interim Applications ought to be dismissed for non-prosecution for default in payment of process fees and failure to supply copies within the prescribed time under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960.

Court's answer

Under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960, where process fees have not been paid and/or copies have not been supplied within the prescribed time, the Registrar shall dismiss such matters for failure to prosecute.

Ratio / Principle

Although the prescribed time to supply copies had expired and the two weeks' time earlier granted proved fruitless, the Court held it just and proper to give one more opportunity to supply the necessary copies instead of passing an order of dismissal outright.

Key takeaways

The learned advocate for the applicant was directed to supply the necessary copies within 02 weeks without fail; on failure, the Interim Applications would stand dismissed against respondent Nos. 1 to 5 without further reference to the Court of Registrar.ratio¶10
If the copies are supplied, notices were to be issued to respondent Nos. 1 to 5, returnable by eight weeks.ratio¶10

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Registrar, Judicial-II) — Interim Applications Nos. 11251 and 11252 of 2025 in First Appeal (Stamp) No. 3487 of 2025. Listed for the second time for supplying copies, the applications had made no progress despite two weeks' time earlier granted, the applicant's advocate having failed to supply copies for issuing notices to respondent Nos. 1 to 5. Invoking Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960 (under which the Registrar shall dismiss matters for failure to prosecute where process fees are unpaid and/or copies are not supplied within the prescribed time), the Registrar, instead of dismissing the applications outright, granted one more opportunity: copies to be supplied within 02 weeks without fail, failing which the Interim Applications to stand dismissed against respondent Nos. 1 to 5 without further reference to the Court of Registrar; if copies are supplied, notices to issue to respondent Nos. 1 to 5, returnable by eight weeks.

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FARAD CONTINUATION SHEET NO. 11 THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 11251 OF 2025 ALONGWITH INTERIM APPLICATION NO. 11252 OF 2025 IN FIRST APPEAL (STAMP) NO. 3487 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 : 26/11/2025

None Present

The above numbered Interim Applications are 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 to 5.

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 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.

In turn, the learned advocate for the applicant is directed to supply necessary copies within 02 weeks without fail. On failure, Interim Applications 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 to 5, returnable by eight weeks.

REGISTRAR (JUDL-II)

Sd/-

sat-R(J-II)-26.11.2025