Visanji Lakhamasi Nagada (Since Decd. Thr.Lrs) Kalpana Visanji Nagada v. Smt. Virmati H. Dalal(D/H The Lr) Smt. Geeta K. Chowksi Thr. P.O.A. Laxmanrao A. Pagare
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.645 OF 2022 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) DATE : 19th July, 2023 Advocate Pooja Misra Present on behalf of Shri Nitesh Acharya, Advocate for the Appellant. The above numbered Second Appeal is listed on the board of Registrar fifth time. Already eleven weeks time has been granted, however, despite granting eleven weeks time, the office objections are not removed.
Here reference to Chapter V of the Bombay High Court, Appellate Side Rules, 1960 (for short "Rules") may be conveniently made. It states about procedure after presentation, removal of office objections etc.
In view of provisions under Chapter V, Rule 3(ii), the Advocates/Parties are expected to remove the office objections within 14 days from the date of notification.
Rule (5) further provides that, if the office objections are not removed as provided under Rule 3, the office shall place the matter before the Registrar, who shall refuse the registration of all such matters.
The prescribed time to remove the office objections provided under Rule 1960 has been expired. 11 weeks time was granted, but all in vain. The matter is lying ideally without any progress due to non removal of office objections. However, instead of passing order of refusal of registration outrightly, it would be just and proper to give one opportunity to remove the office objections.
In turn, two weeks time is granted with directions to remove the office objections without fail. On failure, registration would stand refused, without further reference to the Court of Registrar. No further extension will be granted.
sd/- Registrar (Judl. - II) dsm