Kunalsingh Lalsingh Bisen v. Bansiddh Maynale and Anr.

Bombay HC3 Mar 2025IA/14889/2024

Case brief

AI extract

What is this about?

Bombay High Court Registrar order; IA 14889/2024 in First Appeal (Stamp) 26189/2024; unserved respondent No. 1; steps for service of notice; Chapter VII Rule 6(1)(e) Bombay High Court Appellate Side Rules 1960; dismissal for failure to prosecute; last opportunity of 02 weeks; conditional dismissal without further reference to Court of Registrar; order dated 20/06/2025.

What did the court decide?

One final opportunity of 02 weeks granted to the learned advocate for the applicant 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. ¶¶11

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

¶1

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

¶2

INTERIM APPLICATION NO. 14889 OF 2024 IN FIRST APPEAL (STAMP) NO. 26189 OF 2024

¶3

Office Notes, Office Memoranda of Coram, Court’s or Judge’s order appearance, Court’s Orders or directions and Registrar’s orders

¶4

CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II)

¶5

DATE : 20/06/2025

¶6

None Present

¶7

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.

¶8

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

¶9

prosecute.:

¶10

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.

¶11

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.

¶12

Sd/-

¶13

REGISTRAR (JUDL-II)

¶14

sat-R(J-II)-20.06.2025

Kunalsingh Lalsingh Bisen v. Bansiddh Maynale and Anr.

Case brief

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Kunalsingh Lalsingh Bisen v. Bansiddh Maynale and Anr.

Case brief

What is this about?

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