Bombay High CourtFA/625/2002dismissed for noncomplying conditional order

The State Of Maharashtra. v. Ankush Damodar Rane.

2023-07-17Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION First Appeal No. 625 of 2002.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S. R. AGRAWAL REGISTRAR (JUDL.II) Date : 17/07/2023.

1] None present The above numbered First Appeal is listed on the board of Registrar three time for not taking steps to serve the Sole Respondent. Already 06 weeks time has been granted, however, despite granting 06 weeks time, the Advocate for the Appellant has not taken any steps against unserved Sole Respondent till date.

Here reference to Chapter VII Rule 6 Sub rule 1 & 2 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 6 (1) (e), 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 for 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 Registrar shall dismiss the matter for failure to prosecute. :

The prescribed time to take steps against unserved Sole Respondent provided under Rules 1960 has been expired. 06 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 opportunity to take steps against unserved Sole Respondent.

In turn, two weeks time is granted with directions to take steps against unserved Sole Respondent without fail. On failure, First Appeal will stand dismissed. without further reference to the Court of Registrar.

Sd/- REGISTRAR (JUDL-II)