Kunalsingh Lalsingh Bisen vs Bansiddh Maynale and Anr. — Bombay HC (2025) — LawSathi Research

Kunalsingh Lalsingh Bisen vs Bansiddh Maynale and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One final opportunity of two weeks granted to the applicant's advocate to take steps for service of notice upon unserved respondent No. 1; on failure, the Interim Application to stand dismissed against unserved respondent No. 1 without further reference to the Court of Registrar.

Issue for consideration

Whether the Interim Application ought to be dismissed for the applicant's failure to take steps for service of notice upon unserved respondent No. 1 within the prescribed time under Chapter VII, Rule 6(1)(e) of the Bombay High Court Appellate Side Rules, 1960, or whether a further opportunity should be granted.

Court's answer

Although the prescribed time and a further two weeks granted for taking steps for service of notice upon unserved respondent No. 1 had expired without any steps being taken, the Registrar considered it just and proper to grant one more opportunity instead of passing an order of dismissal outright.

Ratio / Principle

The learned advocate for the applicant was directed to take appropriate steps for service of notice upon unserved respondent No. 1 within two weeks, failing which the Interim Application would stand dismissed against unserved respondent No. 1 without further reference to the Court of Registrar.

Detailed headnote1 paragraphs

Bombay High Court, Registrar (Judl-II) (S. R. Agrawal), order dated 20/06/2025 in Interim Application No. 14889 of 2024 in First Appeal (Stamp) No. 26189 of 2024 — Service of notice — Notice to respondent No. 1 returned unserved — Applicant failed to take steps for service despite two weeks' time earlier granted — Referring to Chapter VII, Rule 6(1)(e) of the Bombay High Court Appellate Side Rules, 1960 (under which matters where steps for fresh notice or postal stamps are not taken in time are placed before the Registrar and dismissed for failure to prosecute) — Registrar, instead of dismissing outright, granted one last opportunity of two weeks to take steps for service, directing that on failure the Interim Application shall stand dismissed against unserved respondent No. 1 without further reference to the Court of Registrar.

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

INTERIM APPLICATION NO. 14889 OF 2024 IN FIRST APPEAL (STAMP) NO. 26189 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 : 20/06/2025

None Present

The notice of respondent No. 1 is returned unserved. Therefore, the above numbered Interim Application is listed on the board of registrar for second time for taking steps for service of notice upon unserved respondent No. 1. However, learned advocate for applicant has neither taken any steps nor supplied proper and correct address of respondent No. 1.

In view of provisions under Chapter VII, Rule 6 (1) (e) of the Bombay High Court, Appellate Side Rules, 1960, Immediately after the expiry of the period prescribed under the foregoing sub-rule of this rule for taking the requisite steps for the issue of fresh notice or or supplying postal stamps to cover the postal and registration charges, the office shall place before the Registrar all such matters in which steps have not been taken for the issue of fresh notices or the postal stamps to cover the postal and registration charges have not been supplied within the prescribed time, and the Registrar shall dismiss the matter for failure to

prosecute.:

As such, the prescribed time to take steps for service of notice upon unserved respondent No. 1 as provided under Rule 1960 has been expired. 02 weeks time was granted, but all in vain. The matter is lying ideally without any progress due to not taken any steps. However, instead of passing order of dismissal outrightly, it would be just and proper to give one more opportunity to take steps for service of notice upon unserved respondent No. 1.

In turn, learned advocate for the applicant is directed to take appropriate steps for service of notice upon unserved respondent No. 1 within 02 weeks without fail. On failure, Interim Application would stand dismissed against unserved respondent No. 1 without further reference to the Court of Registrar.

Sd/-

REGISTRAR (JUDL-II)

sat-R(J-II)-20.06.2025