Shri. Prakash Hanmant Shirke v. Shri. Jitendra Laxman Mandhare And ORS.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3005 OF 2017 IN FIRST APPEAL (STAMP) NO. 3279 OF 2017 Office Notice Office Memoranda of Coram Appearances, Court's Orders or directions and Registrar's orders Court's or Judge's Orders None present CORAM :- SHRI. S. R. AGRAWAL REGISTRAR (JUDL.-II) Dated :- 12th JULY, 2023 The above numbered Civil Application is listed on the board of Registrar Fourth time for supplying copies. Already five weeks time has been granted, however, despite granting five weeks time, the Advocate for 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 for admission etc.
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 prescribed in the forgoing 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.
05 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 supply the necessary copies.
In turn, two weeks time is granted with directions to supply necessary copies without fail. On failure, Civil Application will stand dismissed, without further reference to the Court of Registrar.
Sd/- Registrar (Judl.- II) sat- R(J-II) - 02.01.2023