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Bombay High CourtFA/390/2004dismissed for noncomplying conditional order

The State Of Maharashtra v. Dhanashree Dilip Wagh

2022-12-13Shri H.M.Bhosale, I/C(Reg.Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FA(ST) NO. 3981 OF 2021 AND FA NO. 390 OF 2004 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memorand of Coram, Court's or Judge's order appearance, Court's Orders or directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------- Adv. Neelam Gupta i/by Adv. Shivkumar R Gupta present for Applicant in FA (ST) No. 3981 of 2021 CORAM : SHRI H. M. BHOSALE REGISTRAR (JUDL -II) DATE : 13/12/2022 The above numbered First Appeal No./First Appeal (ST) are listed on the board of Registrar third time. Already four weeks time has been granted, however, despite granting four 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 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 t he Registrar, who shall refuse the registration of all such matters. The prescribed time to remove the office objections provided under Rules 1960 has been expired long back. Thereafter also 04 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 or dismissal outrightly, it would be just and proper to give one opportunity to remove the office objections.

- 2 - In turn, two weeks time is granted (excluding Christmas Vacation) with directions to remove the office objections without fail. On failure, registration of F.A.(ST) would stand refused/First Appeal would stand dismissed without further reference to the Court of Registrar. No further extension will be granted. sd/- REGISTRAR (JUDL-II)