National Film Development Corporation Ltd., Mumbai vs R. K. Swamy/ Bbdo Advt. Pvt. Ltd., Mumbai Thr.Its Cmd Srinivasan Swamy and Anr. — Bombay HC (2025) — LawSathi Research

National Film Development Corporation Ltd., Mumbai vs R. K. Swamy/ Bbdo Advt. Pvt. Ltd., Mumbai Thr.Its Cmd Srinivasan Swamy 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 copies for issuing notice to respondent No. 2; on failure the Interim Application stands dismissed against respondent No. 2 without further reference to the Registrar, and if copies are supplied, notice to respondent No. 2 is returnable by ten weeks.

Issue for consideration

Whether the Interim Application should be dismissed for non-prosecution (default in payment of process fees and failure to supply copies) under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960, or be granted a further opportunity to supply the copies.

Court's answer

Under the Bombay High Court Appellate Side Rules, 1960, matters are liable to be dismissed for non-prosecution in case of default of payment of process fees and failure to supply copies.

Ratio / Principle

Instead of dismissing the Interim Application outright for non-prosecution, the Registrar held it just and proper to give one more opportunity to supply the necessary copies.

Key takeaways

The learned advocate for the applicant is directed to supply the necessary copies within 02 weeks without fail.ratio¶11
On failure to supply the copies, the Interim Application will stand dismissed against respondent No. 2 without further reference to the Court of Registrar.ratio¶11
If the copies are supplied, notice is to be issued to respondent No. 2, returnable by ten weeks.ratio

Detailed headnote1 paragraphs

Bombay High Court, Registrar (Judl-II) S.R. Agrawal, order dated 11/06/2025 in Interim Application No. 7807 of 2024 in First Appeal (Stamp) No. 29517 of 2022: Although the prescribed time for supply of copies had expired and an earlier two-week indulgence proved fruitless, exposing the application to dismissal for non-prosecution under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960, the Registrar declined to dismiss outright and granted one more opportunity of two weeks to supply the necessary copies; on default the Interim Application is to stand dismissed against respondent No. 2 without further reference to the Registrar, while upon supply of copies notice to respondent No. 2 is to be issued returnable by ten weeks.

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

INTERIM APPLICATION NO. 7807 OF 2024 IN FIRST APPEAL (STAMP) NO. 29517 OF 2022

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 : 11/06/2025

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 Notice to respondent No. 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, Interim Application would stand dismissed against respondent No. 2 without further reference to the Court of Registrar. If copies supplied, issue notice to respondent No. 2, returnable by ten weeks.

Sd/-

sat-R(J-II)-11.06.2025