Bombay High CourtAO/82/2025dismissed for noncomplying conditional order

Municipal Corporation Of Greater Mumbai v. Sunil Jugalkishore Anandpara

2026-01-13Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

111Spl. --H.C.A.S.C.D. 79c FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE District : MUMBAI APPEAL FROM ORDER NO. 82 OF 2025 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM :- S.R. AGRAWAL REGISTRAR (JUDL.-II) DATE :- 13th January, 2026.

None present.

The above numbered Appeal from order is listed on board of Registrar for second time. Already two weeks time has been granted, however, despite granting two weeks time, Advocate for the Applicant has not taken any steps against unserved sole Respondent.

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 sole respondent 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 take steps against unserved sole Respondent.

In turn, 02 (two) weeks time is granted with directions to take steps against unserved sole Respondent without fail. On failure, Appeal from order would stand dismissed against unserved sole Respondent without further reference to the court of Registrar.

sd/- umk Registrar (Judl.-II)