Bombay High Court
SHRI. WAGHYA CHANGA MADHAVI and ANR.versusM/S CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA THANE and ANR.
- Decided
- Disposal
- Dismissed
Holding
The Registrar granted a further four‑week extension to file the paper book, with a clear warning that non‑compliance will lead to dismissal of the appeal and any pending applications.
Summary
On 2 November 2023 the Bombay High Court granted leave to the appellant to file a paper book. The appellant failed to file the required two copies within the two‑month period prescribed by Chapter VII, Rule 10(iii) of the Appellate Side Rules, 1960, despite being given ample opportunity. Consequently, the Registrar noted that under Rule 10(vi) the matter should be dismissed for failure to prosecute. However, the Registrar exercised discretion and instead granted the appellant an additional four weeks to file the paper book, warning that failure to comply would result in dismissal of the second appeal and any pending applications. The order thus balances strict compliance with procedural rules against the principle of fairness by providing a final opportunity to the appellant.
Issues considered
- Whether the appellant’s failure to file the paper book within the time prescribed under Rule 10(iii) and Rule 10(vi) of the Bombay High Court Appellate Side Rules, 1960 warrants dismissal of the appeal.
- Whether the Registrar may, in exercise of discretion, grant a further extension before dismissing the matter.
Subjects
- Procedural compliance
- Paper book filing
- Bombay High Court Rules
- Dismissal for default
- Judicial discretion
Judgment
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.283 OF 2020
Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders
appearance, Court’s orders or directions and
Registrar’s orders
CORAM : DR. M. S. DESHPANDE
REGISTRAR (JUDL. - II)
DATE : 24th March, 2026
None present.
It appears from the record that on
02/11/2023, leave was granted to file paper
book with copy to other side. However, the
Appellant or his learned Advocate have not
filed paper book. Therefore, matter was listed
on board of Registrar on 09/03/2026.
Thereupon, the Appellant was directed to file
paper book, as per the order of Hon’ble Court.
Since, 02/11/2023, the Appellant got ample
time and opportunity to file the paper book.
However, the Appellant failed to do so.
In view of provisions under Chapter VII,
Rule 10(iii), the Advocates/Parties are
expected to supply to the office for the use of
the Court two copies of the typed paper book
containing the papers specified in Sub-rule (i)
within 02 months of the order directing notice
to issue or the order of the Court to the
contrary.
Rule 10(vi) further provides that,
immediately after the expiry of the period
prescribed under Sub-rules (iii) and (iv) above
for the supply of paper books, the office shall
place before the Registrar all such matters if
the paper books and the title sheets have not
been supplied within the prescribed time, and
the Registrar shall dismiss all such matters for
failure to prosecute.
The prescribed time to file the paper
book as provided under Bombay High Court,
Appellate Side Rules, 1960 has been expired.
Two (02) weeks time was granted, however,
all in vain. The matter is lying ideally without
any progress due to non supply of paper
book. In the back drop, instead of passing
order of dismissal outrightly, it would be just
and proper to give one more opportunity to
file the paper book.
In turn, four (04) weeks time is granted
with directions to file the paper book without
fail. On failure, Second Appeal and pending
Civil Application/Interim Application, if any,
would stand dismissed without further
reference to the Court of Registrar. No further
extension will be granted.
sd/-
umk Registrar (Judl. - II)
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