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Bombay High Court

STATE BANK OF INDIAversusTHE BOARD OF TRUSTEES OF THE PORT OF MUMBAI AND ORS

Decided
Disposal
Disposed Off

Holding

The court held that the applications shall be dismissed against Respondent No.4 if service is not effected within four weeks.

Summary

The appellant filed Civil Applications No.822 of 2018 and No.823 of 2018 in First Appeal No.28700 of 2017 before the Bombay High Court. The court observed that Respondent No.4 had not been served with the proceedings. It directed that the appellant be given four weeks, excluding the Diwali vacation period, to take steps to serve Respondent No.4. The court warned that failure to do so would result in the dismissal of the applications against that respondent. No further reasoning or evidence was recorded in the continuation sheet.

Issues considered

  • Whether the court may dismiss the applications against Respondent No.4 for failure to effect service within a prescribed time

Subjects

  • service of process
  • dismissal
  • civil procedure
  • high court
  • continuation sheet

Judgment

                                  FARAD CONTINUATION SHEET NO.

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         (APPELLATE SIDE)

                                 CIVIL APPLICATION NO.822 OF 2018
                                              WITH
                                 CIVIL APPLICATION NO.823 OF 2018
                                                IN
                                 FIRST APPEAL ST. NO.28700 OF 2017


Office Notes, Office Memoranda of Coram,                  Court’s or Judge’s orders
  appearance, Court’s orders or directions
             Registrar’s orders
Advocate Darshana Kambli i/b. Prabhanjan
Gujar present for Appellant.

                 CORAM : VR. KACHARE
                         REGISTRAR (JUDL-II)

                      DATE : 15th OCTOBER, 2019

            4 weeks time is granted to take steps as
against unserved Respondent No.4, failing
which Civil Application shall stand dismissed
against unserved Respondent No.4. (Excluding
Diwali Vacation).

                                         Sd/-
                                  Registrar (Judl.II)
ppg – R(J-II) – 15.10.19


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