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Bombay High CourtIA/2714/2020dismissed

Liberty Videocon Insurance Co. Ltd. v. Mr. Raman Mallapa Kalyaner

2023-08-21Shri. S.R. Agrawal, Registrar(Judl Ii)3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Interim Application No. 2714 of 2020 in First Appeal No. 631 of 2020.

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 : 21/08/2023.

None present The above numbered Interim Application is listed on the board of Registrar for two time for not taking steps against unserved Repondent Nos. 1 & 2. Learned Advocate for Appellant neither taken steps nor supplied proper and correct address of Respondent No.

1 & 2. Already 04 weeks time was granted, however, despite granting 04 weeks time, the learned Advocate for the Appellant has not taken any steps against unserved Respondent Nos.1 & 2 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 subrule 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 Respondent Nos. 1 & 2 provided under Rules 1960 has been expired. 04 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 Respondent Nos .1 & 2.

In turn, two weeks time is granted with directions to take steps against unserved Respondent Nos.1 & 2 without fail. On failure, Interim Application would stand dismissed against unserved Respondent Nos. 1 & 2, without further reference to the Court of Registrar.

Sd/- REGISTRAR (JUDL-II)