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Bombay High CourtIA/11056/2024allowed

Mrs. Sadhana Maruti Dabade And ORS. v. Union Of India Through The General Manager,Central Railway

2025-11-18Hon'Ble Justice Sharmila U. Deshmukh2 pages

FARAD CONTINUATION SHEET NO.

THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11056 OF 2024 IN FIRST APPEAL (STAMP) NO. 8812 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 : 18/11/2025 None Present It appears from the record that notices were issued to sole respondent on 27/11/2024 and 04/07/2025 by RPAD. But those notices are not returned the Postal authority.

Therefore, on 17/10/2025 the learned advocate for applicant was directed to take appropriate steps for service of notice. Thereafter, the above numbered First Appeal is listed on the board of registrar for second time for taking steps for service of notice upon unserved sole respondent. However, the learned advocate for applicant has neither taken any steps nor supplied proper and correct address of sole respondent.

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 sole respondent 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 notice upon unserved sole respondent.

In turn, learned advocate for the applicant is directed to take appropriate steps for service of notice upon unserved sole respondent within two weeks without fail. On failure, Interim Application would stand dismissed against unserved sole respondent without further reference to the Court of Registrar.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-20.11.2025