The Oriental Insurance Co. Ltd. Mumbai vs Deepak Krishna Varandekar and Anr. — Bombay HC (2025) — LawSathi Research

The Oriental Insurance Co. Ltd. Mumbai vs Deepak Krishna Varandekar and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One more (final) opportunity of 02 weeks granted to the applicant's advocate to supply the necessary copies for issuing notices to respondent Nos. 1 and 2; on failure, the Interim Application to stand dismissed against respondent Nos. 1 and 2 without further reference to the Court of Registrar; if copies are supplied, notices to issue to respondent Nos. 1 and 2 returnable by ten weeks.

Issue for consideration

Whether the Interim Application, in which the applicant failed to supply copies for issuing notices to respondent Nos. 1 and 2 within the prescribed time and within the two weeks already granted, should be dismissed for non-prosecution, or whether a further opportunity should be given.

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 to be dismissed by the Registrar for failure to prosecute (non-prosecution).

Ratio / Principle

Although the prescribed time under the 1960 Rules and the two weeks earlier granted had expired without the applicant supplying copies, the Registrar held it just and proper to grant one more opportunity to supply the necessary copies instead of dismissing the application outright.

Key takeaways

The learned advocate for the applicant was directed to supply the necessary copies within 02 weeks without fail; on failure, the Interim Application would stand dismissed against respondent Nos. 1 and 2 without further reference to the Court of Registrar.ratio¶11
If the copies are supplied, notices are to be issued to respondent Nos. 1 and 2, returnable by ten weeks.ratio¶11

Detailed headnote1 paragraphs

Registrar (Judicial-II), High Court of Judicature at Bombay (Civil Appellate Jurisdiction) — Interim Application No. 165 of 2025 in First Appeal No. 57 of 2025 — applicant 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, the Registrar is to dismiss matters for failure to prosecute where process fees are not paid and/or copies are not supplied within the prescribed time — instead of outright dismissal, one further opportunity of 02 weeks granted to supply copies, failing which 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 issue returnable by ten weeks.

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

INTERIM APPLICATION NO. 165 OF 2025 IN FIRST APPEAL NO. 57 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 : 05/02/2025

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 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)-05.02.2025