Royal Sundaram General Insurance Co. Ltd. v. Fasahat Husen Aganuddin Khan And ORS.

FARAD CONTINUATION SHEET NO.

THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10041 OF 2025 IN FIRST APPEAL NO. 1668 OF 2025 --------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's order appearance, Court's Orders or directions and Registrar's orders --------------------------------------------------------------------------------------------------------------- CORAM : DR. M.S. DESHPANDE REGISTRAR (JUDL -II) DATE : 16/03/2026 None Present The notices of respondent Nos. 1 to 6 are returned unserved. Hence, the learned advocate for the applicant is directed to take appropriate steps within two weeks (as a last chance) for service of notices upon unserved respondent Nos. 1 to 6. On failure, necessary order including dismissal of Interim Application will be passed on the next date.

Likewise, the notice of respondent No. 7 is returned unserved. Therefore, the above numbered Interim Application is listed on the board of registrar for second time for taking steps for service of notice upon unserved respondent No. 7. However, learned advocate for appellant has neither taken any steps nor supplied proper and correct address of respondent No. 7.

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 No. 7 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 more opportunity to take steps for service of notice upon unserved respondent No. 7.

In turn, learned advocate for the applicant is directed to take appropriate steps for service of notice upon unserved respondent No. 7 within 02 weeks without fail. On failure, Interim Application would stand dismissed against unserved respondent No. 7 without further reference to the Court of Registrar.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-16.03.2026