United India Insurance Co. Ltd. Kolhapur Thr. Its Regional Manager vs Mr. Shabbir Khudbuddin Jamadar and Ors. — Bombay HC (2025) — LawSathi Research

United India Insurance Co. Ltd. Kolhapur Thr. Its Regional Manager vs Mr. Shabbir Khudbuddin Jamadar and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One final opportunity granted to the learned advocate for the appellant to supply the necessary copies within 02 weeks without fail; on failure the Interim Application will stand dismissed against respondent Nos. 1 to 4 without further reference to the Court of Registrar; if copies are supplied, notices to respondent Nos. 1 to 4 will issue, returnable by ten weeks.

Issue for consideration

Whether the Registrar should dismiss the Interim Application for failure to prosecute under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960 (default in payment of process fees and failure to supply copies within the prescribed time), or instead grant a further opportunity to supply the copies.

Court's answer

Per Chapter VII, Rule 2(iii), Bombay High Court Appellate Side Rules, 1960, matters are to be dismissed for non-prosecution in case of default of payment of process fees and failure to supply copies; after expiry of the prescribed time, such matters are placed before the Registrar, who shall dismiss them for failure to prosecute.

Ratio / Principle

The prescribed time to supply copies having expired and the two weeks earlier granted proving unavailing, it would be just and proper to give one more opportunity to supply the necessary copies rather than pass an order of dismissal outright.

Key takeaways

The learned advocate for the appellant is directed to supply the necessary copies within 02 weeks without fail.ratio¶11
On failure to supply the copies, the Interim Application would stand dismissed against respondent Nos. 1 to 4 without further reference to the Court of Registrar.ratio¶11
If the copies are supplied, notices shall be issued to respondent Nos. 1 to 4, returnable by ten weeks.ratio

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction — order of Shri S. R. Agrawal, Registrar (Judl.-II), dated 21/01/2025, on Interim Application No. 3542 of 2024 in First Appeal (Stamp) No. 17255 of 2024. The Interim Application, listed a second time on the Registrar's Board for supply of copies, showed default: two weeks earlier granted went unavailed and the prescribed time under Chapter VII, Rule 2(iii), Bombay High Court Appellate Side Rules, 1960 stood expired, attracting dismissal for failure to prosecute. Declining to dismiss outright, the Registrar gave one more opportunity: the learned advocate for the appellant to supply the necessary copies within 02 weeks without fail, failing which the Interim Application will stand dismissed against respondent Nos. 1 to 4 without further reference to the Court of Registrar; if copies are supplied, notices to respondent Nos. 1 to 4 will issue, returnable by ten weeks.

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

INTERIM APPLICATION NO. 3542 OF 2024 IN FIRST APPEAL (STAMP) NO. 17255 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 : 21/01/2025

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 to 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 Application would stand dismissed against respondent Nos. 1 to 4 without further reference to the Court of Registrar. If copies supplied, issue notices to respondent Nos. 1 to 4, returnable by ten weeks.

Sd/-

sat-R(J-II)-21.01.2025