United India Insurance Co. Ltd. Thr. Regional Manager vs Anil Sadashiv Bargaje and Ors. — Bombay HC (2025) — LawSathi Research

United India Insurance Co. Ltd. Thr. Regional Manager vs Anil Sadashiv Bargaje and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Final opportunity of 02 weeks granted to learned advocate for the applicant to take steps for service of notices upon unserved respondent Nos. 1 to 4, failing which the Interim Applications will stand dismissed against those respondents automatically without further reference to the Registrar.

Issue for consideration

Whether, with respondent Nos. 1 to 4 unserved and no steps for service taken within the prescribed time, the Registrar ought to dismiss the Interim Applications for failure to prosecute under Chapter VII, Rule 6(1)(e) of the Bombay High Court Appellate Side Rules, 1960, or grant a further opportunity.

Court's answer

Though empowered under Chapter VII, Rule 6(1)(e) of the Appellate Side Rules, 1960 to dismiss the Interim Applications for failure to prosecute, the Registrar held that instead of passing an order of dismissal outrightly it would be just and proper to give one more opportunity to take steps for service of notices upon unserved respondent Nos. 1 to 4.

Ratio / Principle

Learned advocate for the applicant is directed to take appropriate steps for service of notices upon unserved respondent Nos. 1 to 4 within 02 weeks without fail; on failure, the Interim Applications would stand dismissed against unserved respondent Nos. 1 to 4 without further reference to the Court of Registrar.

Detailed headnote1 paragraphs

Bombay High Court, Registrar Judl.-II (Shri S. R. Agrawal), 24/04/2025 — Interim Application Nos. 15994 and 15995 of 2024 in First Appeal (Stamp) No. 31114 of 2024: Notices on respondent Nos. 1 to 4 returned unserved; the applicant's advocate took no steps and supplied no correct addresses despite two weeks' time already granted. Invoking Chapter VII, Rule 6(1)(e), Bombay High Court Appellate Side Rules, 1960 (under which the Registrar shall dismiss matters where steps for fresh notices or postal stamps are not taken in time), the Registrar nonetheless refrained from dismissing the applications outrightly and granted one last opportunity of 02 weeks to take steps for service, directing that on failure the Interim Applications would stand dismissed against the unserved respondent Nos. 1 to 4 without further reference to the Registrar.

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

INTERIM APPLICATION NO. 15994 OF 2024 ALONGWITH INTERIM APPLICATION NO. 15995 OF 2024 IN FIRST APPEAL (STAMP) NO. 31114 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 : 24/04/2025

None Present

The notices of respondent Nos. 1 to 4 are returned unserved. Therefore, the above numbered Interim Applications are listed on the board of registrar for second time for taking steps for service of notices upon unserved respondent Nos. 1 to 4. However, learned advocate for applicant has neither taken any steps nor supplied proper and correct addresses of respondent Nos. 1 to 4.

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 notices upon unserved respondent Nos. 1 to 4 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 notices upon unserved respondent Nos. 1 to 4.

In turn, learned advocate for the applicant is directed to take appropriate steps for service of notices upon unserved respondent Nos. 1 to 4 within 02 weeks without fail. On failure, Interim Applications would stand dismissed against unserved respondent Nos. 1 to 4 without further reference to the Court of Registrar.

Sd/REGISTRAR (JUDL-II)

sat-R(J-II)-24.04.2025