Bombay High Court
MR. RAMASRE B. PRAJAPATIversusMR. DEVRAJ NARAYAN SHINDE AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- N JAMADAR
Holding
The Registrar may grant a further two‑week extension to remove office objections, after which registration will be refused if the objections remain unremoved.
Summary
The Registrar noted that the Second Appeal No. 731 of 2022 had been listed four times and that despite a six‑week extension, the parties had failed to remove the office objections. Under Chapter V of the Bombay High Court Appellate Side Rules, 1960, parties must clear such objections within 14 days of notification, and failure to do so permits the Registrar to refuse registration of the matter. The Registrar observed that the prescribed period had expired and that the appeal remained pending solely because of the outstanding objections. Rather than immediately refusing registration, the Registrar exercised discretion to grant a further two‑week period to comply with the rules. The order directed that if the objections are not removed within this additional time, the registration of the appeal will be refused without any further extensions.
Issues considered
- Whether the Registrar should refuse registration of the appeal for failure to remove office objections within the time prescribed by the Rules
- Whether the Registrar may grant an additional short extension before refusing registration
Subjects
- Procedural law
- Court Rules
- Office objections
- Registration of appeal
- High Court of Bombay
Judgment
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.731 OF 2022
Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders
appearance, Court’s orders or directions and
Registrar’s orders
CORAM : S.R. AGRAWAL
REGISTRAR (JUDL. - II)
DATE : 19th June, 2023
None Present.
The above numbered Second Appeal is listed
on the board of Registrar fourth time. Already
six weeks time has been granted, however,
despite granting six weeks time, the office
objections are not removed.
Here reference to Chapter V of the Bombay
High Court, Appellate Side Rules, 1960 (for
short “Rules”) may be conveniently made. It
states about procedure after presentation,
removal of office objections etc.
In view of provisions under Chapter V, Rule
3(ii), the Advocates/Parties are expected to
remove the office objections within 14 days
from the date of notification.
Rule (5) further provides that, if the office
objections are not removed as provided under
Rule 3, the office shall place the matter before
the Registrar, who shall refuse the registration
of all such matters.
The prescribed time to remove the office
objections provided under Rule 1960 has been
expired. 06 weeks time was granted, but all in
vain. The matter is lying ideally without any
progress due to non removal of office
objections. However, instead of passing order of
refusal of registration or dismissal outrightly, it
would be just and proper to give one
opportunity to remove the office objections.
In turn, 02 (two) weeks time is granted with
directions to remove the office objections
without fail. On failure, registration would stand
refused, without further reference to the Court
of Registrar. No further extension will be
granted.
sd/-
Registrar (Judl. - II)
dsm
Checking your session…