Reliance General Insurance Company Ltd. Solapur vs Vaishali Annasaheb Jadhav and Ors. — Bombay HC (2025) — LawSathi Research

Reliance General Insurance Company Ltd. Solapur vs Vaishali Annasaheb Jadhav and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

A final opportunity of two weeks was granted to the applicant's advocate to supply the necessary copies; on failure, the application stands dismissed against respondent Nos. 1 to 5 without further reference to the Court of Registrar; if copies are supplied, notices issue to respondent Nos. 1, 4 and 5, returnable by ten weeks.

Issue for consideration

Whether the Interim Application, pending for non-supply of copies beyond the prescribed time, should be dismissed outright for non-prosecution under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960, or whether a further opportunity should be granted to supply the copies.

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 liable to be dismissed for non-prosecution.

Ratio / Principle

Instead of dismissing the application outright, one further opportunity was granted: the applicant's advocate is directed to supply the necessary copies within two weeks without fail.

Key takeaways

On failure to supply the copies, the application shall stand dismissed against respondent Nos. 1 to 5 without further reference to the Court of Registrar.ratio¶10
If copies are supplied, notices shall issue to respondent Nos. 1, 4 and 5, returnable by ten weeks.ratio¶10

Detailed headnote1 paragraphs

Bombay High Court (Registrar, Judl-II), Interim Application No. 14173 of 2024 in First Appeal No. 43 of 2025 (order dated 27/01/2025): The applicant's advocate failed to supply copies required for issuing notices to respondent Nos. 1, 4 and 5 (respondent Nos. 2 and 3 being minors) despite two weeks' time already granted. Invoking Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960, under which matters with unpaid process fees or unsupplied copies are to be placed before the Registrar and dismissed for failure to prosecute, the Registrar declined to dismiss the application outright and granted one last opportunity of two weeks to supply the copies, directing that on failure the application shall stand dismissed against respondent Nos. 1 to 5 without further reference to the Court of Registrar; if copies are supplied, notices are 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

INTERIM APPLICATION NO. 14173 OF 2024 IN FIRST APPEAL NO. 43 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 : 27/01/2025

None Present

The above numbered Interim Application 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 Applicant has not supplied copies for issuing Notices to respondent Nos. 1, 4 and 5 (respondent Nos. 2 and 3 are minor).

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 applicant is directed to supply necessary copies within 02 weeks without fail. On failure, the 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)-27.01.2025