The New India Assurance Company Mumbai Thr. Tp Hub vs Mr. Daulat Maruti Hulawale and Anr. — Bombay HC (2025) — LawSathi Research

The New India Assurance Company Mumbai Thr. Tp Hub vs Mr. Daulat Maruti Hulawale and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Last opportunity of 02 weeks (excluding Diwali Vacation) granted to the appellant's advocate to supply necessary copies; on failure, the interim application stands dismissed against respondent Nos. 1 and 2 without further reference to the Court of Registrar; on supply, notices to respondent Nos. 1 and 2 returnable by ten weeks.

Issue for consideration

Whether the interim application is liable to be dismissed for non-prosecution on account of default in payment of process fees and failure to supply copies within the prescribed time under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960. +1 more

Court's answer

Under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960, where process fees have not been paid and/or copies have not been supplied within the prescribed time, the Registrar shall dismiss such matters for failure to prosecute.

Ratio / Principle

Though the prescribed time for supplying copies had expired and the two weeks earlier granted proved futile, the Registrar considered it just and proper to give one more opportunity to supply the necessary copies instead of dismissing the interim application outright.

Key takeaways

The learned advocate for the appellant was directed to supply the necessary copies within 02 weeks (excluding Diwali Vacation); on failure, the interim application would stand dismissed against respondent Nos. 1 and 2 without further reference to the Court of Registrar; if copies are supplied, notices are to issue to respondent Nos. 1 and 2 returnable by ten weeks.ratio¶12

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Registrar, Judicial-II, Shri S.R. Agrawal) — order dated 08/10/2025 on Interim Application No. 7573 of 2025 in First Appeal No. 1720 of 2025: purely procedural order on default in supply of copies. Reciting that under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960, matters in which process fees remain unpaid and/or copies unsupplied beyond the prescribed time are to be placed before the Registrar and dismissed for failure to prosecute, and noting that two weeks earlier granted had lapsed without the appellant's advocate taking any steps, the Registrar declined to dismiss outright and gave one final opportunity: necessary copies to be supplied within 02 weeks (excluding Diwali Vacation), failing which the interim application stands dismissed against respondent Nos. 1 and 2 without further reference to the Registrar's court; if copies are supplied, notices issue to respondent Nos. 1 and 2 returnable by ten weeks. No substantive-law holding; no precedents engaged.

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

INTERIM APPLICATION NO. 7573 OF 2025 IN

FIRST APPEAL NO. 1720 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 : 08/10/2025

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 Appellant has not supplied copies for issuing Notice 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 Appellant 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 (excluding Diwali Vacation) 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/-

sat-R(J-II)-08.10.2025