Prakash Pravindas Rana vs Thakor Pravindas Rana — Bombay HC (2025) — LawSathi Research

Prakash Pravindas Rana vs Thakor Pravindas Rana — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One more opportunity granted: the learned advocate for the applicant directed to supply necessary copies within 02 weeks; on failure, the Interim Application to stand dismissed against the sole respondent without further reference to the Court of Registrar; if copies supplied, notice to issue to the sole respondent returnable by ten weeks.

Issue for consideration

Whether the Interim Application, in which the prescribed time for supply of copies has expired and the applicant's advocate has taken no steps, should be dismissed outrightly for non-prosecution or given a further opportunity to supply the necessary copies.

Court's answer

Instead of dismissing the Interim Application outrightly for failure to prosecute, the Registrar considered it just and proper to give one more opportunity to supply the necessary copies.

Ratio / Principle

The learned advocate for the applicant is directed to supply the necessary copies within 02 weeks without fail; on failure, the Interim Application would stand dismissed against the sole respondent without further reference to the Court of Registrar.

Key takeaways

If the copies are supplied, notice is to be issued to the sole respondent, returnable by ten weeks.ratio¶10

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), order dated 18/08/2025 by Shri. S.R. Agrawal, Registrar (Judl-II), in Interim Application No. 7864 of 2025 in First Appeal (Stamp) No. 18418 of 2022. The Interim Application, listed for the second time on the Registrar's Board for supplying copies, remained unprogressed because the applicant's advocate, despite two weeks' time earlier granted, did not supply the copies required for issuing notice to the sole respondent, and the prescribed time under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960 (under which matters are to be dismissed for non-prosecution on default of payment of process fees and failure to supply copies) had expired. Instead of dismissing the application outrightly, the Registrar granted one more opportunity: the advocate was directed to supply the necessary copies within 02 weeks without fail, failing which the Interim Application would stand dismissed against the sole respondent without further reference to the Court of Registrar; if copies were supplied, notice was to issue to the sole respondent returnable by ten weeks. None was present when the order was passed.

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

INTERIM APPLICATION NO. 7864 OF 2025 IN FIRST APPEAL (STAMP) NO. 18418 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 : 18/08/2025

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 sole respondent.

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, the Interim Application would stand dismissed against sole respondent without further reference to the Court of Registrar. If copies supplied, issue notice to sole respondent, returnable by ten weeks.

Sd/REGISTRAR (JUDL-II)

sat-R(J-II)-18.08.2025