Bombay High CourtCAF/4873/2009dismissed for noncomplying conditional order

The Oriental Insurance Co. Ltd. v. Sugra Umar Inamdar And ANR

2024-02-16Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4872 OF 2009 a/w CIVIL APPLICATION NO. 4873 OF 2009 IN FIRST APPEAL (ST) NO. 29673 OF 2009 --------------------------------------------------------------------------------------------------------------- Office Notes, Office 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 : 16/02/2024 None present The above numbered Civil applications are listed on the board of Registrar for third time to supply copies. Already four weeks time was granted. However, despite of granting four weeks time the Advocate for the Appellant 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.

In view of provisions under Chapter VII, Rule 2 (iii) matters to be dismissed for nonprosecution in case of default of payment of process fees and failure to supply copies - immediately after the expiry of the time prescribed in the foregoing sub-rules of this rule for the supply of copies, the Office 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 with directions to supply necessary copies without fail. On failure, both civil applications will stand dismissed against Respondent Nos. 1 and 2 without further reference to the Court of Registrar.

sd/- REGISTRAR (JUDL-II)