Bombay High Court
RAJARAM S/O. ANANT MOREversusSWAPNALI WD/O. AKSHAY GAIKWAD AND ORS.
- Decided
- Disposal
- Dismissed for non-complying conditional Order
- Bench
- P P JADHAVI C REG JUDL II
Holding
The Court held that the applicant’s advocate should be given an additional two‑week period to supply the necessary copies, failing which the interim applications will be dismissed.
Summary
The Registrar listed two interim applications for a first appeal (Stamp) No. 16605 of 2024. The applicant's advocate was given two weeks to supply copies of documents for issuing notices to respondents 1, 3 and 4, but failed to do so. Under Chapter VII, Rule 2(iii) of the Bombay High Court Appellate Side Rules, 1960, matters may be dismissed for non‑prosecution when copies are not supplied within the prescribed time. Instead of an immediate dismissal, the Court exercised its discretion to grant one more two‑week opportunity to the applicant's advocate to furnish the required copies. The order directs the advocate to supply the copies within two weeks; failure to comply will result in dismissal of the interim applications against respondents 1 to 4, and if supplied, notices will be issued and the applications will be returnable in eight weeks.
Issues considered
- Whether the interim applications should be dismissed for default due to failure to supply required copies within the time prescribed under the Bombay High Court Appellate Side Rules, 1960.
Subjects
- Procedural law
- Bombay High Court Rules
- Non‑prosecution
- Interim application
- Service of notice
- Default
Judgment
FARAD CONTINUATION SHEET NO. 3
THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 11717 OF 2024
ALONGWITH
INTERIM APPLICATION NO. 11718 OF 2024
IN
FIRST APPEAL (STAMP) NO. 16605 OF 2024
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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 : SHRI. P.P. JADHAV
I/C. REGISTRAR (JUDL -II)
DATE : 04/03/2026
None Present
The above numbered Interim Applications are
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 Applicant has not supplied copies for
issuing Notices to respondent Nos. 1, 3 and 4
(respondent No. 2 is minor).
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 Applicant 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 applicant is
directed to supply necessary copies within 02 weeks
without fail. On failure, the Interim Applications would
stand dismissed against respondent Nos. 1 to 4 without
further reference to the Court of Registrar. If copies
supplied, issue notices to respondent Nos. 1, 3 and 4,
returnable by eight weeks.
Sd/-
REGISTRAR (JUDL-II)
sat-R(J-II)-04.03.2026
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