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Bombay High Court

MR. RAMASRE B. PRAJAPATIversusMR. DEVRAJ NARAYAN SHINDE AND ANR

Decided
Disposal
Disposed Off

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


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