Bombay High Court

SANTOSH PARAJI YOGEversusMUNICIPAL CORPORATION OF GREATER MUMBAI, THR. EXECUTIVE ENGINEER

Decided: 23 January 2026
Disposal: Disposed Off
Bench: FARHAN PARVEZ DUBASH

Holding

The Registrar may refuse registration if office objections are not removed within the prescribed time, but may first grant a final two‑week opportunity to comply.

Summary

The Registrar of the Bombay High Court noted that the appellant had failed to remove the office objections within the 14‑day period prescribed by Chapter V, Rule 3(ii) of the High Court Appellate Side Rules, 1960, despite a four‑week extension previously granted. Under Rule 5, the Registrar is empowered to refuse registration of the matter if the objections are not cleared. Instead of an immediate refusal, the Registrar exercised discretion to grant a further two‑week period for the parties to comply, emphasizing that no further extensions would be allowed. The order directs that failure to remove the objections within this period will result in the registration being refused without any further reference to the Court of Registrar. The decision underscores the strict adherence to procedural timelines under the High Court Rules.

Issues considered

Whether the Registrar may refuse registration of a matter for failure to remove office objections within the time prescribed by the High Court Rules
Whether the Registrar can grant an additional time period before refusing registration

Subjects

Procedural law
Office objections
Registration
High Court Rules
Registrar's discretion
Bombay High Court

Judgment

                    FARAD CONTINUATION SHEET NO.

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                   APPEAL FROM ORDER NO.94 OF 2022
                                 WITH
                  INTERIM APPLICATION NO.482 OF 2022

 Office Notes, Office Memoranda of Coram,        Court’s or Judge’s orders
appearance, Court’s orders or directions and
             Registrar’s orders

         CORAM : S.R. AGRAWAL
                 REGISTRAR (JUDL. - II)

           DATE : 01st April, 2024

 None Present.

  The above     numbered Appeal from Order
No.94 of 2022 alongwith Interim Application
No.482 of 2022 are listed on the board of
Registrar third time. Already, four weeks time
has been granted, however, despite granting
four weeks time, the office objections are not
removed.

 Here reference to Chapter V of the Bombay
High Court, Appellate Side Rules, 1960 (for
short “Rules”) may be conveniently made. It
states about procedure after presentation,
removal of office objections etc.

 In view of provisions under Chapter V, Rule
3(ii), the Advocates/Parties are expected to
remove the office objections within 14 days
from the date of notification.
  Rule (5) further provides that, if the office
objections are not removed as provided
under Chapter V, Rule 3, the office shall
place the matter before the Registrar, who
shall refuse the registration of all such
matters.

  The      prescribed       time   to remove         the
office objections provided under Rule 1960
has been expired long back. 04 weeks time
was granted, but all in vain. The matter is
lying ideally without any progress due to non
removal      of    office    objections.    However,
instead     of    passing    order    of   refusal    of
registration outrightly, it would be just and
proper to give one opportunity to remove the
office objections.

      In turn, two weeks time is granted with
directions to remove the office objections
without fail.      On failure, registration would
stand refused, without further reference to
the Court of Registrar. No further extension
will be granted.

                                   sd/-
                            Registrar (Judl. - II)
dsm

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