Bombay High CourtCRA/592/2024disposed off

Central Bank Of India v. Abhijit C. Pulekar And ANR

2024-11-25Hon'Ble Shri Justice N. J. Jamadar2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.592 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 : 25th November, 2024 Advocate Sunil Kadam for Applicant Present.

The above numbered Civil Revision Application 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 Respondent No.1.

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 No.1 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 Respondent No.1.

In turn, 02 (two) weeks time is granted with directions to take steps against unserved Respondent No.1 without fail. On failure, Civil Revision Application would stand dismissed against unserved Respondent No.1 without further reference to the Court of Registrar.

sd/- Registrar (Judl. - II) dsm