Bombay High CourtFCA/6/2019dismissed for noncomplying conditional order

Shri. Prabhakar Shamrao Magar v. Sou. Rajeshri Prabhakar Magar

2024-04-18Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 6 OF 2019 --------------------------------------------------------------------------------------------------------------- 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 : 18/04/2024 None present The above numbered Family Court Appeal is listed for fourth time on the Board of Registrar for supplying copies. Already eight weeks time was granted. However, despite of granting eight weeks time, the Advocate for the Appellant has not supplied copies for issuing Notice to the sole respondent. 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 non-prosecution in case of default of payment of process fess 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. 08 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, the Family Court Appeal would stand dismissed against sole respondent without further reference to the Court of Registrar.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-18.04.2024