Maharashtra State Road Transport Corporation, Mumbai Thr.General Manager vs Nisar Ahmed Sarang — Bombay HC (2025) — LawSathi Research

Maharashtra State Road Transport Corporation, Mumbai Thr.General Manager vs Nisar Ahmed Sarang — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

A final opportunity of two weeks was granted to supply the necessary copies, with an automatic consequence: on failure, the interim applications would stand dismissed against the sole respondent without further reference to the Court of Registrar.

Issue for consideration

Whether the interim applications ought to be dismissed for failure to prosecute (default in payment of process fees / failure to supply copies within the prescribed time), or whether one further opportunity should be given to supply the necessary copies.

Court's answer

Invoking 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 by the Registrar for failure to prosecute.

Ratio / Principle

Although the prescribed time to supply copies had expired and the appellant's advocate had taken no steps, the Registrar declined to dismiss the interim applications outright and instead decided to give one opportunity to supply the necessary copies.

Key takeaways

Two weeks' time was granted with directions to supply the necessary copies without fail; on failure, the interim applications would stand dismissed against the sole respondent without any further reference to the Court of Registrar.ratio¶12

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction — Registrar (Judicial-II), Shri S. R. Agrawal, order dated 06/01/2025 in Interim Application Nos. 13701 and 13702 of 2024 in First Appeal (Stamp) No. 28213 of 2024. The appellant's advocate had failed to supply copies for issuance of notice to the sole respondent despite two weeks' time earlier granted, and the prescribed time under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960 (under which matters with unpaid process fees and/or un-supplied copies are to be dismissed for non-prosecution) had expired. Declining to pass an order of dismissal outrightly, the Registrar granted one further opportunity of two weeks to supply the necessary copies, directing that on failure the interim applications would stand dismissed against the sole respondent without further reference to the Court of Registrar. A purely procedural order at the registrar level; no substantive right or precedent question was adjudicated.

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

INTERIM APPLICATION NO.13701 OF 2024 a/w INTERIM APPLICATION NO.13702 OF 2024 IN

FIRST APPEAL (STAMP) NO. 28213 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 : 06/01/2025

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 Appellant has not supplied copies for issuing Notice to the sole respondent.

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 opportunity to supply the necessary copies.

In turn, two weeks time is granted with directions to supply necessary copies without fail. On failure, the interim applications would stand dismissed against sole respondent without further reference to the Court of Registrar.

REGISTRAR (JUDL-II)

sat-R(J-II)-06.01.2025