Bombay High Court
M/S. SHREE PATEL CLOTH SYNDICATE AND ANR.versusSMT. JYOTIBEN RAJUBHAI MODY AND ANR.
- Decided
- Disposal
- Dismissed for non-complying conditional Order
Holding
The court ordered the appellant to supply the necessary copies within two weeks, failing which the appeal will be dismissed.
Summary
The appellant’s counsel was absent and failed to supply the required copies of the appeal record despite being granted a two‑week extension. The Registrar, invoking Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960, noted that non‑payment of process fees and failure to furnish copies are grounds for dismissal for non‑prosecution. However, the Court considered it just to afford one more opportunity before dismissing the matter. Consequently, the appellant was directed to submit the necessary copies within another two‑week period. If the copies are not supplied, the appeal will be dismissed against the respondents without further reference to the Registrar; if supplied, notices will be issued and the matter will proceed.
Issues considered
- Whether the appeal should be dismissed for failure to supply required copies within the prescribed time
- Whether the court should grant an additional opportunity to the appellant to comply before dismissal
Subjects
- procedural default
- non‑prosecution
- Bombay High Court
- Appellate Side Rules 1960
- court dismissal
- copy submission
Judgment
FARAD CONTINUATION SHEET NO. 11
THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 200 OF 2026
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Office Notes, Office Memoranda of Coram, Court’s or Judge’s order
appearance, Court’s Orders or directions and
Registrar’s orders
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CORAM : DR. M. S. DESHPANDE
REGISTRAR (JUDL -II)
DATE : 08/04/2026
None Present
The learned advocate for the appellant is absent.
His absence is unexplained.
The above numbered First Appeal is listed for
second time on the Board of Registrar for supplying
copies. Already two weeks time was granted. However,
despite of granting two weeks time, the Advocate for
the Appellant has not supplied copies for issuing
Notices to respondent Nos. 1 and 2.
In view of provisions under Chapter VII, Rule 2
(iii) of the Bombay High Court Appellate Side Rules,
1960 matters to be dismissed for non-prosecution in
case of default of payment of process fess and failure
to supply copies – Immediately after the expiry of the
time prescribed in the foregoing sub-rules of this rule
for the supply of copies, the Office shall place before
the Registrar all such matters in which the process fees
have not been paid and/or the copies have not been
supplied within the prescribed time, and the Registrar
shall dismiss all such matters for failure to prosecute.
As such, the prescribed time to supply copies, as
provided under Rules,1960 has been expired. 02
weeks time was granted, but all in vain. The matter is
lying ideally without any progress as learned Advocate
for the Appellant has not taken any steps. However,
instead of passing order of dismissal outrightly, it would
be just and proper to give one more opportunity to
supply the necessary copies.
In turn, the learned advocate for the appellant is
directed to supply necessary copies within 02 weeks
without fail. On failure, the First Appeal would stand
dismissed against respondent Nos. 1 and 2 without
further reference to the Court of Registrar. If copies are
supplied, issue notices to respondent Nos. 1 and 2,
returnable by ten weeks.
Sd/-
REGISTRAR (JUDL-II)
sat-R(J-II)-08.04.2026
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