Imperial Infradevelopers Private Limited, Thr. Mr. Shovir Irani v. Mrs. Neera Shantaram Phatak And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.230 OF 2024 IN CIVIL REVISION APPLICATION NO.127 OF 2020 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 : 06th August, 2024 None Present.

The above numbered Interim Application in Civil Revision Application is listed on board of Registrar for third time. Already four weeks time has been granted, however, despite granting four weeks time, Advocate for the Applicant has not taken any steps against unserved Respondent Nos.1, 2 & 4 to 6.

Here reference to Chapter VII Rule 6 Sub rule 1 and 2 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 6(1) (e), immediately after the expiry of the period prescribed under the forgoing sub-rule of this rule for taking the requisite steps for the issue of fresh notice or for supplying postal stamps to cover the postal and registration charges, the office shall place before the Registrar all such matters in which steps have not been taken for the issue fresh notices or the postal stamps to cover the postal and registration charges have not been supplied within the prescribed time, and the Registrar shall dismiss the matter for failure to prosecute.

As such, the prescribed time to take steps against unserved Respondent Nos.1, 2 & 4 to 6 as provided under Rules 1960 has been expired. 04 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 take steps against unserved Respondent Nos.1, 2 & 4 to 6.

In turn, 02 (two) weeks time is granted with directions to take steps against unserved Respondent Nos.1, 2 & 4 to 6 without fail. On failure, Interim Application in Civil Revision Application would stand

dismissed against unserved Respondent Nos.1, 2 & 4 to 6 without further reference to the court of Registrar.

sd/- Registrar (Judl. - II) dsm