Chola Ms General Insurance Co. Ltd.,Chennai v. Tarabai Dyandev Khot Thr. Poa Suresh Jagannath Khot And ORS.

FARAD CONTINUATION SHEET NO.

THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 354 OF 2024 ALONGWITH INTERIM APPLICATION NO. 355 OF 2024 IN FIRST APPEAL (STAMP) NO. 639 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 : 22/07/2024 None Present The notices issued to respondent Nos. 2 and 3 are returned unserved. Therefore, the above numbered Interim Applications are listed on the board of registrar for two times for taking steps for service of notices upon unserved respondent Nos. 2 and 3. However, learned advocate for applicant has neither taken any steps nor supplied proper and correct addresses of respondent Nos. 2 and 3.

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 notices upon unserved respondent Nos. 2 and 3 as provided under Rule 1960 has been expired. 03 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 more opportunity to take steps for service of notice upon unservedrespondent Nos. 2 and 3 .

In turn, three weeks time is granted with directions to take appropriate steps for service of notices upon unserved respondent Nos. 2 and 3 without fail. On failure, Interim Applications would stand dismissed against unserved respondent Nos. 2 and 3 without further reference to the Court of Registrar. Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-22.07.2024