Bombay High Court
SMT. HEMLATA DALSINGAR SINGH AND ORS.versusUNIONT OF INDIA, THROUGH THE GENERAL MANAGER,
- Decided
- Disposal
- Dismissed for non-complying conditional Order
Holding
The court directed the appellant's advocate to supply the necessary copies within two weeks, failing which the appeal will be dismissed.
Summary
An appeal (First Appeal No. 523 of 2026) was listed for the second time for the supply of copies required to issue notice to the sole respondent. The appellant's advocate failed to provide the copies despite being granted a two‑week extension. Under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960, such matters are liable to be dismissed for non‑prosecution. However, the court exercised its discretion and granted one more opportunity, directing the advocate to submit the copies within another two weeks. If the copies are not supplied, the appeal will be dismissed; if supplied, notice will be issued and the matter will proceed.
Issues considered
- Whether the appeal should be dismissed outright for failure to supply required copies under the Bombay High Court Appellate Side Rules, 1960
- Whether the court may grant an additional time to the appellant to comply before dismissing the appeal
Subjects
- procedural law
- court rules
- non‑prosecution
- dismissal
- notice issuance
Judgment
FARAD CONTINUATION SHEET NO. 9
THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 523 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 : 25/06/2026
None Present
The above numbered First Appeal is listed for
second time on the Board of Registrar for supplying
copies. Already two weeks time was granted. Despite
granting two weeks time, the Advocate for the
Appellant has not supplied copies for issuing Notice to
sole respondent.
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 idle 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 sole respondent without further
reference to the Court of Registrar. If copies are
supplied, issue notice to sole respondent, returnable by
eight weeks.
Sd/-
REGISTRAR (JUDL-II)
sat-R(J-II)-25.06.2026
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