Saifuddin Dawoodbhai Lakdawala Son Of Late Dawoodbhai M. Lakdawala And Another v. Mumbai Metropolitan Region Development Authority (Mmrda) Thr. Its Metropolitan Commissioner And ORS
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.71 OF 2024 IN INTERIM APPLICATION NO.667 OF 2024 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 : 17th February, 2025 Advocate Pooja Mishra i/by Pragya Mishra for Appellant Present.
The above numbered Appeal from Order No.71 of 2024 alongwith Interim Application No.667 of 2024 are listed on the board of Registrar for second time. Already, two weeks time has been granted, however, despite granting two weeks time, the Advocate for the Applicant has not supplied copies for issuing notice to the Respondents till date.
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 of 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.
As such, the prescribed time to supply copies as provided under Rules 1960 has been expired. 02 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, 02 (two) weeks time is granted with directions to supply necessary copies without fail. On failure, Appeal from Order alongwith Interim Application would stand dismissed against Respondents without further reference to the Court of Registrar.
sd/- Registrar (Judl. - II) dsm