Bombay High CourtFA/805/2002dismissed for noncomplying conditional order

Smt. Kuruppinte Kandivil Paramba Noorjehan And ORS v. M/S Gallant Cargo And Crriers Pvt. Ltd. And ANR

2024-02-21Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 805 OF 2002 --------------------------------------------------------------------------------------------------------------- Ofoce Notes, Ofoce 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 : 21/02/2024 None present The above numbered First Appeal is listed on the board of Registrar for third time for supplying private paper books. Already four weeks time was granted. However, despite of granting four weeks time the Advocate for the Appellant has not supplied private paper book. Here reference to Chapter VII of the Bombay High Court, Appellate Side Rules, 1960 [for short "Rules"] may be conveniently made. It states about Processes, Process fees, Printing charges, Security for costs and other procedure after admission etc.

In view of provisions under Chapter VII, Rule 10 (vi) matter to be dismissed for nonprosecution, where copies of paper-book etc. are not filed within time. - Immediately after the expiry of the periods prescribed in the foregoing sub-rules (iii) and (iv) the supply of paper-books the ofoce shall place before the Registrar all such matters in which paperbooks and the title sheets 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 of paper books provided under Rules 1960 has been expired. 06 weeks time was granted, but all in vain. The matter is lying ideally without any progress as learned Advocate for the applicant has not filed private paper book. In these circumstances, instead of passing order of dismissal outrightly, it would be just and proper to give one opportunity to supply the private paper book.

In turn, two weeks time is granted with directions to supply private paper book without fail. On failure, aforesaid First Appeal would stand dismissed without further reference to the Court of Registrar.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-21.02.2024