SHRI. WAGHYA CHANGA MADHAVI and ANR. v. M/S CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA THANE and ANR.
SA/283/2020 · 2026-03-24
M S Deshpande, Registrar Judicial Ii
body2020
DailyLaw.ai
[ 2020 DAILYLAW 1547 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2020 DAILYLAW 1547 (BOM) · dailylaw.ai ]
Judgment text
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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, appearance, Court’s orders or directions and Registrar’s orders Court’s or Judge’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)