Future Generali India Insurance Co. Ltd v. Shri. Mahendra Mahadeo Sheth And ANR.

FARAD CONTINUATION SHEET NO.

THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1040 OF 2024 ALONGWITH INTERIM APPLICATION NO. 10129 OF 2024 IN FIRST APPEAL NO. 1040 OF 2024 --------------------------------------------------------------------------------------------------------------- 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 : 02/05/2025 None Present The notice of respondent no. 2 is returned unserved. Therefore, the above numbered First Appeal is listed on the board of registrar for second time for taking steps for service of notice upon unserved respondent nos. 2. However, learned advocate for appellant has neither taken any steps nor supplied proper and correct address of respondent nos. 2.

In view of provisions under Chapter VII, Rule 6 (1) (e) of the Bombay High Court, Appellate Side Rules, 1960, Immediately after the expiry of the period prescribed under the foregoing sub-rule of this rule for taking the requisite steps for the issue of fresh notice or or 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 of 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 for service of notice upon unserved respondent nos. 2 as provided under Rule 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 take steps for service of notices upon unserved respondent nos. 2.

In turn, learned advocate for the appellant is directed to take appropriate steps for service of notice upon unserved respondent nos. 2, within two weeks (excluding summer vacation) without fail. On failure, First Appeal alongwith interim application would stand dismissed against respondent nos. 2 without further reference to the Court of Registrar.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-02.05.2025