Disposed¶11

Reliance General Insurance Co. Ltd. v. Shobha Ashok Padwal and Anr.

Bombay HC7 Jan 2025IA/8040/2024

Case brief

AI extract

What is this about?

Registrar's procedural order; failure to prosecute; unserved respondent Nos. 1 to 4; service of notices; Chapter VII Rule 6(1)(e) Bombay High Court Appellate Side Rules 1960; last opportunity of two weeks; automatic dismissal on default without further reference to Registrar.

What did the court decide?

One further opportunity of 02 weeks granted to the applicant's advocate to take steps for service of notices upon unserved respondent Nos. 1 to 4; on failure, the Interim Application stands dismissed against those respondents without further reference to the Registrar. ¶11

Reliance General Insurance Co. Ltd. vs Shobha Ashok Padwal and Anr. — Bombay HC (2025) — LawSathi Research

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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. 8040 OF 2024 IN FIRST APPEAL (STAMP) NO. 95238 OF 2020

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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 : 22/01/2025

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None Present

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The notices issued to respondent Nos. 1 to 4 are 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. 1 to 4. However, learned advocate for applicant has neither taken any steps nor supplied proper and correct addresses of respondent Nos. 1 to 4.

¶8

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 registration charges have not been supplied within the prescribed time, and the

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Registrar shall dismiss the matter for failure to prosecute.:

¶10

As such, the prescribed time to take steps for service of notices upon unserved respondent Nos. 1 to 4 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 more opportunity to take steps for service of notices upon unserved respondent Nos. 1 to 4.

¶11

In turn, learned advocate for the applicant is directed to take appropriate steps for service of notices upon unserved respondent Nos. 1 to 4 within 02 weeks without fail. On failure, Interim Application would stand dismissed against unserved respondent Nos. 1 to 4 without further reference to the Court of Registrar.

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Sd/-

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REGISTRAR (JUDL-II)

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sat-R(J-II)-22.01.2025

Reliance General Insurance Co. Ltd. v. Shobha Ashok Padwal and Anr.

Case brief

What is this about?

What did the court decide?

Reliance General Insurance Co. Ltd. v. Shobha Ashok Padwal and Anr.

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

Parties & counsel

Coram

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