Icici Lombard General Insurance Company Ltd. Mumbai vs Vishvanath Chandrakant Gurav and Anr. — Bombay HC (2025) — LawSathi Research

Icici Lombard General Insurance Company Ltd. Mumbai vs Vishvanath Chandrakant Gurav and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One final opportunity of two weeks granted to the learned advocate for the applicant to supply the necessary copies for issuance of notice to respondent Nos. 1 and 2; failing which the Interim Application shall 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 returnable by ten weeks.

Issue for consideration

Whether the Interim Application should be dismissed for non-prosecution for failure to supply copies within the prescribed time, or whether a further opportunity should be granted to the applicant.

Court's answer

Although the prescribed time to supply copies had expired and two weeks' time granted earlier proved fruitless, the court declined to pass an order of dismissal outrightly and considered it just and proper to grant one more opportunity to supply the necessary copies.

Ratio / Principle

The learned advocate for the applicant is directed to supply the necessary copies within 02 weeks without fail; on failure, the Interim Application shall stand dismissed against respondent Nos. 1 and 2 without further reference to the Court of Registrar.

Key takeaways

If the copies are supplied, notices shall issue to respondent Nos. 1 and 2, returnable by ten weeks.ratio¶11

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction) — Order dated 17/01/2025 by Shri S. R. Agrawal, Registrar (Judl-II) — Interim Application No. 14505 of 2024 in First Appeal (Stamp) No. 31089 of 2024 — applicant's advocate failed to supply copies for issuing notices to respondent Nos. 1 and 2 despite two weeks' time already granted — 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 not supplied within the prescribed time are to be placed before the Registrar and dismissed for failure to prosecute — instead of dismissing the Interim Application outrightly, one more opportunity of two weeks granted to supply the necessary copies — on failure, the Interim Application to stand dismissed against respondent Nos. 1 and 2 without further reference to the Court of Registrar — if copies supplied, notices to respondent Nos. 1 and 2 returnable by ten weeks.

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

INTERIM APPLICATION NO. 14505 OF 2024 IN FIRST APPEAL (STAMP) NO. 31089 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 : 17/01/2025

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 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 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, the 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)-17.01.2025