Disposed¶11

Prasanna Avinash Potdar and Ors. v. Omkar Hanmant Gurjar and Ors.

Bombay HC25 Feb 2025IA/6798/2024

Case brief

AI extract

What is this about?

Service of notice/summons; unserved respondent; failure to prosecute; dismissal for default; last opportunity; Registrar (JUDL-II); Bombay High Court Appellate Side Rules, 1960, Chapter VII, Rule 6(1)(e); Interim Application in First Appeal (Stamp); conditional dismissal without further reference to Court of Registrar.

What did the court decide?

One final opportunity of two weeks to the learned advocate for the appellant to take steps for service of notice upon unserved respondent No. 3; on failure, the Interim Application would stand dismissed against unserved respondent No. 3 without further reference to the Court of Registrar. ¶11

Prasanna Avinash Potdar and Ors. vs Omkar Hanmant Gurjar and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Interim Application should be dismissed for failure to prosecute owing to non-taking of steps for service of notice upon unserved respondent No. 3, or whether one further opportunity should be granted.

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Court's answer

The prescribed time under the 1960 Rules for taking steps for service of notice upon unserved respondent No. 3 had expired, and the two weeks earlier granted proved futile.

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Ratio / Principle

Instead of passing an order of dismissal outrightly, it was found just and proper to give one more opportunity, and the learned advocate for the appellant was directed to take appropriate steps for service of notice upon unserved respondent No. 3 within two weeks without fail.

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Key takeaways

On failure to take the directed steps, the Interim Application would stand dismissed against unserved respondent No. 3 without further reference to the Court of Registrar.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Civil Appellate Jurisdiction) — Registrar (Judicial-II) Shri S. R. Agrawal, order dated 11/03/2025 in Interim Application No. 6798 of 2024 in First Appeal (Stamp) No. 29570 of 2022. The notice to respondent No. 3 stood returned unserved and, although the application had been listed a second time on the Registrar's board, the learned advocate for the appellant neither took steps for service nor supplied a proper address, and the two weeks earlier granted proved futile. Noting that under Chapter VII, Rule 6(1)(e) of the Bombay High Court Appellate Side Rules, 1960, the Registrar shall dismiss matters for failure to prosecute where the prescribed time for taking steps expires, the Registrar declined to dismiss outrightly and granted one final opportunity of two weeks to take steps for service; on failure, the Interim Application would stand dismissed against unserved respondent No. 3 without further reference to the Court of Registrar.

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

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INTERIM APPLICATION NO. 6798 OF 2024 IN FIRST APPEAL (STAMP) NO. 29570 OF 2022

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

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

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DATE : 11/03/2025

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None Present

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The notice of respondent Nos. 3 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 notices upon unserved respondent Nos. 3 However, learned advocate for appellant has neither taken any steps nor supplied proper and correct address of respondent Nos. 3.

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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

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registration charges have not been supplied within the prescribed time, and the Registrar shall dismiss the matter for failure to prosecute.:

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As such, the prescribed time to take steps for service of notice upon unserved respondent Nos. 3 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 opportunity to take steps for service of notice upon unserved respondent Nos. 3.

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In turn, learned advocate for the appellant is directed to take appropriate steps for service of notice upon unserved respondent Nos. 3, within two weeks without fail. On failure, Interim Application would stand dismissed against unserved respondent Nos. 3 without further reference to the Court of Registrar.

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Sd/REGISTRAR (JUDL-II)

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sat-R(J-II)-11.03.2025

Prasanna Avinash Potdar and Ors. v. Omkar Hanmant Gurjar and Ors.

Case brief

What is this about?

What did the court decide?

Prasanna Avinash Potdar and Ors. v. Omkar Hanmant Gurjar and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Coram

Case details

All orders in this case

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