Madhya Pradesh High Court
Oriental Insurance Company Limited vs Shilpa on 17 March, 2021
Author: Sujoy Paul
Bench: Sujoy Paul
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
MATTERS NOTIFIED AT SERIAL NOS. 1001 TO 1011
Indore, dated :- 17/03/2021
The Court proposes to pass this common conditional order
to obviate passing of identical conditional order in these matters
involving similar office objection/default.
In all these matters, due to non-removal of office objection
within the prescribed time as per the Rules, the concerned matter
was placed before the Registrar in the first instance. The
Registrar granted sufficient time to the petitioner(s) / applicant(s) /
appellant(s) to cure the defect/office objection, however, due to
non-removal of office objection/default within the prescribed time,
the concerned matter was required to be once again listed before
the Court. The Court granted further time, by passing common
order on the earlier occasion.
In spite of repeated opportunity (three times-one under
Rules, second by the Registrar and third by Court), the
petitioner(s)/ applicant(s)/ appellant(s) has failed to cure the office
objection/default. As a result, by way of indulgence and last
opportunity, in terms of this order, SIX WEEKS' further time is
granted to the petitioner(s)/ applicant(s)/ appellant(s) in the
respective matters to remove office objection/default and make
the matter ready for further hearing within that time, failing which
the concerned petition/application/appeal shall stand dismissed
for non-prosecution without further reference to the Court.
Provided, however, in cases, where the
objection/default is about non-service of any of the
respondent, on expiry of the extended period, the concerned
matter will stand dismissed for non-prosecution only against the unserved respondent(s), without further reference to the Court. The matter would then proceed against the remaining respondent(s).
In cases where the office objection/default has already HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE been cured before passing of this order, it will be open to the concerned party to bring that fact to the notice of the Registrar (Judicial-II), who may examine the same and proceed with the matter as per the listing /scheme, if ready for hearing.
If the office objections are removed within the time extended in terms of this order, the concerned matter(s) be made returnable on the date notified hereafter.
Sr. No.1001 to 1011 Returnable Date - 03/05/2021 (SUJOY PAUL) JUDGE SOURABH Digitally signed by SOURABH YADAV Date: 2021.03.17 17:18:08 +05'30' HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE