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Bombay High CourtIA/1833/2023dismissed for noncomplying conditional order

Maharashtra State Road Transport Corporation Limited, Satara Thr. The Manager v. Anil Gulab Katwate And ANR.

2023-12-18Shri. S.R. Agrawal, Registrar(Judl Ii)5 pages

Sr. No.15 CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II) DATE : 18/12/2023 None present.

The above numbered First Appeal is listed on the board of Registrar for third time for supplying copies. Already 4 weeks time was granted. However, despite of granting four weeks time the Advocate for the Applicant has not supplied copies for issuing notice to the Respondents.

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.

Page -2 In view of provisions under Chapter VII, Rule 2 (iii) matters to be dismissed for non prosecution in case of default of payment of process fees and failure to supply copies immediately after the expiry of the time prescried in the foregoing sub-rules of this rule for the supply of copies, the Ofoce 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. The prescribed time to supply copies provided under Rules 1960 has been expired.

04 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 opportunity to supply the necessary copies.

In turn, two weeks time is granted (Excluding Christmas vacation) with directi- ons to supply necessary copies without fail.

fail. On failure, First Appeal will stand dis- missed against Respondent Nos. 1 & 2 without further reference to the Court of Registrar.

Sd/- REGISTRAR (JUDL.II)

- I)