The New India Assurance Co. Ltd. Thr.Divisional Officer, Thr. Mumbai Legal Hub vs Umesh Bhikanrao Bhosale and Ors. — Bombay HC (2025) — LawSathi Research

The New India Assurance Co. Ltd. Thr.Divisional Officer, Thr. Mumbai Legal Hub vs Umesh Bhikanrao Bhosale and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One final opportunity of 02 weeks to the learned advocate for the appellant to supply the necessary copies; on failure, the Interim Applications to stand dismissed against respondent Nos. 3 and 4 without further reference to the Court of Registrar; if copies are supplied, notices to respondent Nos. 3 and 4 to issue returnable by ten weeks.

Issue for consideration

Whether the Interim Applications should be dismissed outright for failure to prosecute (non-supply of copies within the prescribed time under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960), or whether one more opportunity should be given to supply the necessary copies.

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 placed before the Registrar, who shall dismiss them for failure to prosecute; in this case the prescribed time to supply copies had expired.

Ratio / Principle

Instead of dismissing the Interim Applications outright, one more (final) opportunity was granted: the learned advocate for the appellant was directed to supply the necessary copies within 02 weeks without fail; on failure, the Interim Applications would stand dismissed against respondent Nos. 3 and 4 without further reference to the Court of Registrar; if copies are supplied, notices are to issue to respondent Nos. 3 and 4 returnable by ten weeks.

Detailed headnote1 paragraphs

Bombay High Court, Registrar (Judl-II), order dated 08/07/2025 — Interim Applications Nos. 3431 and 3432 of 2025 in First Appeal (Stamp) No. 32365 of 2024: The applications were listed for the second time on the Board of Registrar for supplying copies; despite two weeks having been granted, the Advocate for the Applicant had not supplied copies for issuing notices to respondent Nos. 3 and 4. Invoking Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960 (dismissal for failure to prosecute where process fees are unpaid and/or copies are not supplied within the prescribed time), the Registrar held the prescribed time had expired but, instead of dismissing outright, granted one final opportunity of 02 weeks to supply the copies, failing which the Interim Applications would stand dismissed against respondent Nos. 3 and 4 without further reference to the Court of Registrar; if copies are supplied, notices are to issue returnable by ten weeks.

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

INTERIM APPLICATION NO. 3431 OF 2025 ALONGWITH INTERIM APPLICATION NO. 3432 OF 2025 IN FIRST APPEAL (STAMP) NO. 32365 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 : 08/07/2025

None Present

The above numbered Interim Applications are 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. 3 and 4.

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 appellant is directed to supply necessary copies within 02 weeks without fail. On failure, the Interim Applications would stand dismissed against respondent Nos. 3 and 4 without further reference to the Court of Registrar. If copies supplied, issue notices to respondent Nos. 3 and 4, returnable by ten weeks.

Sd/REGISTRAR (JUDL-II)

sat-R(J-II)-08.07.2025