Bombay Practice Notes Compilation-from Bombay Hc Website

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PRACTICE NOTE NO. 1

No. P.1615/91.

N O T I C E

In partial modification of the Order dated 27th

September, 1995, all the Advocates and parties appearing in

person are hereby informed that His Lordship the Hon'ble the

Chief Justice is pleased to direct that the Advocates and parties

appearing in person should submit the synopsis duly signed by the

Advocates on record, alongwith the Appeal and Writ Petitions filed

on the Original Side as well as on the Appellate Side. The synopsis

should contain (1) the events and dates, (2) points to be heard, (3)

Acts / Rules to be referred to and (4) authorities to be cited.

They should also submit the synopsis consisting of

chronology of dates and events, along with Appeal from Order,

Civil Revision Applications, Criminal Appeals, Criminal Revision

Applications and Criminal Applications filed on the Appellate Side.

They are further informed that as and when the Appeal

and Writ Petitions are listed for final hearing, they should file a

fresh synopsis in the aforesaid format, highlighting the points

which are likely to be decided.

Dated this 6th day of November, 1995.

By Order,

Sd/-

Additional Registrar Prothonotary & Senior Master.(Judicial – I)

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PRACTICE NOTE NO.2

No.B/4527Bombay, 18th April, 1996.

N O T I C E

The Advocates and parties appearing in person are

hereby, pursuant to the directions of the Hon'ble the Chief Justice,

directed that as and when the Case/ Appeal / Matter / Suit /

Petition is called out in Court for admission/hearing, they should,

invariably, file appearance for the use of the Hon'ble Courts, in the

format given below, with the Court Associate/ Court Sheristedar.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY FORMAT OF APPEARANCE

COURT ROOM NO. :

CASE/APPEAL/SUIT/MATTERWRIT PETITIONS :

NAMES OF THE COUNSELAPPEARING :

(a) FOR THE PLAINTIFF/PETITIONER/APPELLANT :

(b) FOR THE DEFENDANT/RESPONDENT/OPPONENT :

SIGNATURE:DATED:

(NOTE: Slips should be of yellow colour paper)

Sd/-Addl. Registrar (Judl.) Prothonotary & Senior Master

Appellate Side Original Side.




PRACTICE NOTE NO.3No.B/4528Bombay, 18th April, 1996.

N O T I C E

The Advocates and parties appearing in person are

hereby, pursuant to the directions of the Hon'ble the Chief Justice,

directed to submit the Requisition Slip of Acts, Rules and Law

Reports, in the following format, separately, for each of the

parties, atleast one hour before the Case is expected to reach

hearing, to the Court Associate / Court Sheristedar of the

concerned Court.

FORMAT OF REQUISITION FORM

COURT ROOM NO. :

CASE/SUIT/WRIT PETITIONAPPEAL NO. :

SERIAL NUMBER OF THE :MATTER APPEARING ON

THE BOARD :

ACT, RULES, ETC. : (1) ..............(2) ..............(3) ...............

LAW REPORTS : (1) ..............(2) ..............(3) ..............

OTHER BOOKS :SIGNATURE OF THE ADVOCATES

FORTHE PETITIONER/PLAINTIFF/APPELLANT/RESPONDENT/DEFENDANT/OPPONENT.

(NOTE: Slips should be printed on blue colour paper)Sd/-

Addl. Registrar (Judl.) Prothonotary & Senior MasterAppellate Side Original Side.




PRACTICE NOTE NO. 4

DATED 24TH DAY OF APRIL, 1996

Advocates and parties appearing in person are hereby

informed that applications for restoration of the cases dismissed

for default will be moved for orders, unless otherwise, directed by

the Hon'ble the Chief Justice, before the same Bench which had

passed the Order of dismissal.

By Order,

Sd/-Additional Registrar (Judl.-I) Prothonotary & Senior Master.




PRACTICE NOTE NO. 5DATED 17TH JANUARY, 1997

The Advocates and parties appearing in-person are,

pursuant to the directions passed by the Hon'ble the Chief Justice,

hereby informed that the following practice note has came into

force with immediate effect.

1. Affidavits in the proceedings should be

got paginated before placing the same

before the Court.

2. Interim or interlocutory orders passed in the main

proceedings or in the Notices of Motion or Chamber

Summons or Summons for Judgment should be

indexed and kept in the proceedings in the

chronological order.

3. Whenever the Court grants ad-interim or interim

order in terms of prayer/s (a) etc., that entire

prayer/s should be reproduced in the order/minutes

of the order.

High Court, Original Side ) By Order,

) Sd/-

Bombay, 17

th

January, 1997. ) Prothonotary and Senior Master.




PRACTICE NOTE NO. 6

It has been observed by the Courts that applications

for urgent relief and/or for ex-parte relief are moved withoutadequate notice to the opposite side. Being not satisfied about

the same, the Hon'ble the Chief Justice and Judges are pleased to

direct that as and when the Advocates and the parties appearing-

in-person move an urgent application and/or ex-parte application

for ad-interim or interim relief they should, before moving an

application inveriably give 48 hours written notice of such urgent

application to the Opponent/ Opposite Side and they should also

file a praecipe setting out the grounds of urgency and should

submit the same to the concerned Registry alongwith the proof of

service of the notice on the opponent / opposite side on the last

Court working day prior to the date of placing the matter for

urgent relief. This will not preclude the Court from granting in the

appropriate cases, ad-interim relief without following the aforesaid

procedure.


) Sd/-

Bombay, 19th February, 1997. ) (A. R. Bapat)Prothonotary and Senior Master.




PRACTICE NOTE NO. 7

The procedure of referring questions of law framed by the

Income Tax Tribunals to the High Court under the Income-tax Act,1961 is now deleted. Section 260A is added in the Income-tax Act,

1961. Similarly, section 27A is added in the Wealth Tax Act, 1957.

Section 260A reads as under :-

“Section 260A

(1) An appeal shall lie to the High Court from every

order passed in appeal by the Appellate Tribunal,

if the High Court is satisfied that the case

involves a substantial question of law.

(2) An appeal under this sub-section shall be:-

(a) filed within one hundred and twenty days

from the date on which the order appealed

against is communicated to the appellant;

(b) accompanied by a fee of ten thousand

rupees where such appeals is filed by an

assessee;

(c) in the form of memorandum of appeal

precisely stating therein the substantial

question of law involved.

(3) Where the High Court is satisfied that a

substantial question of law is involved in any

case, it shall formulate that question.




: 2 :

(4) The appeal shall be heard only on the question

so formulated, and the respondents shall at thehearing of the appeal, be allowed to argue that

the case does not involve such question:

Provided that nothing in this sub-section shall

be deemed to take away or abridge the power of the

court to hear, for reasons to be recorded, the appeal

on any other substantial question of law not

formulated by it, if it is satisfied that the case

involved such question.

(5) The High Court shall decide the question of law

so formulated and deliver such judgment

thereon containing the grounds on which such

decision is founded and may award such cost as

it deems fit.

(6) The High Court may determine any issue

which -

(a) has not been determined by the

Appellate Tribunal; or

(b) has been wrongly determined by the

Appellate Tribunal, by reason of a

decision on such question of law as is

referred to in sub-section (1)”.




: 3 :

Pursuant to the insertion of section 260A in the

Income-tax Act, 1961, section 27A in the Wealth Tax Act, 1957 andapplication of section 27A of the Wealth Tax Act to the

proceedings under the Gift Tax Act, 1958 by the Finance (No.2)

Act, 1998 with effect from 1st October, 1998, the following

practice-directions have been issued by the Hon'ble Chief Justice,

issued:

(1) Appeals under the above provisions of the

Income-tax Act, Wealth Tax Act and Gifts Tax Act

shall be numbered as “Tax Appeal (IT/WT/GT)”.

(2) Unless specially assigned, such appeals,

including applications, notices of motion etc., arising

therefrom, shall be placed for admission and/or

hearing before the Division Bench dealing with tax

references.

(3) Memorandum of appeal in such appeal should be

in conformity with the requirements of the said

sections and should be accompanied by a

statement of facts and the orders of the Tribunal as

also of the lower authorities. Any document on which

reliance was placed before the Tribunal should

also be annexed.




: 4 :

(4) If, while deciding the appeal, the Tribunal has

followed any of its earlier order / orders either in the

case of the assessee itself in respect of any other

assessment year or in case of any other assessee,

such order / orders should also be annexed to the

memorandum of appeal.

(5) On being numbered, such appeals shall be placed for

admission.

By Order,

High Court, O. S. B'bay. Sd/-30th September, 1998. Prothonotary and Senior Master.




PRACTICE NOTE NO. 8

DATED 31st JULY, 1999

In supersession of the Practice Note No. 4 dated 24th

April, 1996, the Advocates and parties appearing-in-person are

hereby informed that applications for restoration of the cases

dismissed for default should be moved for orders, unless otherwise

directed by the Hon'ble the Chief Justice, before the regular Court.

BY ORDER,

PROTHONOTARY AND SENIOR MASTER.

HIGH COURT ) Sd/-

BOMBAY. ) ADDL. REGISTRAR (J-I).




PRACTICE NOTE NO. 09

It has been observed by the Hon'ble the Chief Justice

that Judicial time of the Hon'ble Courts is wested in finding out theorders passed earlier on interlocutory proceedings in the matter

by the Hon'ble Court. It has therefore been directed that while

registering all miscellaneous applications, such as Notice of Motion

/ Chamber Summons / Summons for Judgment / Interim Petitions

taken out in main Suit, Petition, Appeal or matters, order sheets /

proforma should be annexed for recording the orders passed on

such interlocutory proceedings.

Advocates and parties appearing-in-person are,

therefore, hereby directed to annex, with immediate effect,

sufficient number of order sheets / proforma at the time of

registration of interim or misc. application. They are further

directed that they should also annex Order Sheets / proforma in all

pending Miscellaneous matters, such as Notices of Motions /

Chamber Summons / Summons for Judgment / Judge's Summons /

Interim Petitions and matters within four weeks from the date

hereof.

All concerned Section Officers and Clerks working in

filing Department and Staff working in Computer Counter to take

note of the above directions and take follow up action.

Sd/-

19th June, 2000. PROTHONOTARY AND SENIOR MASTER.





Advocates and parties appearing-in-person are

hereby informed that all Income Tax Appeals U/s 260A of theIncome Tax Act relating to Kolhapur, Nashik, Pune, Raigad,

Ratnagiri, Sindhudurg-Oras, Satara, Sangli, Solapur and Thane

Divisions shall hereinafter be filed only on the Original Side of the

High Court at Bombay.

They are hereby further informed that all Income Tax

Appeals which are filed on the Appellate Side of the High Court at

Bombay, and which are pending Admission / numbering are

directed to be transferred to the Original Side of the Bombay High

Court. In future also, all such Appeals shall be filed only on the

Original Side of the High Court, at Bombay.

Bombay, dated this 11th day of August, 2000.

BY ORDER

Sd/- Sd/-(A. R. BAPAT)

REGISTRAR PROTHONOTARY AND SENIOR MASTERHIGH COURT, APPELLATE SIDE HIGH COURT, O. S. BOMBAY

BOMBAY.






hereby informed that the Hon'ble the Chief Justice has beenpleased to direct the Office to accept xerox copies of documents

annexed to plaints, written statements, petitions, appeals,

affidavits etc., provided the said copies are clear, legible and

unmarked.

Sd/-

1st June, 2001. Prothonotary and Senior Master.




No. G/Amend/13094


Re: Matters falling under the Companies Act, 1956


hereby informed that pursuant to the decision taken by the

Administrative Judges to continue status quo in Rules pending

setting up of offices of Registrar of Companies and Official

Liquidator at Aurangabad, the Hon'ble Judge taking Company

matters will continue to hear and decide winding up applications

and all other applications under the Companies Act, 1956 in

respect of Companies having Registered Office in the areas falling

within the jurisdiction of Aurangabad Bench on the Original Side of

the High Court at Bombay.

Sd/-

14th November, 2002. Prothonotary and Senior Master.





Re:- Appeals u/s. 260A of Income Tax Act


hereby informed that earlier Appeals under Section 260A of the

Income Tax Act were shown in the first instance 'for Admission'

and thereafter for final hearing. However, to expedite the process,

it has been decided to do away with the procedure of all Appeals

being shown for Admission in the first instance. Accordingly, they

are hereby further informed that until further orders, all Appeals

filed under Section 260A of the Income-tax Act will be listed 'for

hearing and final disposal' without matters being shown for

Admission in the first instance.

Dated this 9th day of December, 2002.

By Order,

HIGH COURT, ORIGINAL SIDE ) Sd/-

) (MS. A. RODRIGUES)BOMBAY. ) PROTHONOTARY & SENIOR MASTER.




PRACTICE NOTE NO. 13 IS DISCONTINUED

N O T I C E

Advocates and parties appearing-in-person arehereby informed that as per Practice Note No.13 dated 9th

December, 2002, it was informed that Appeals under Section 260A

of the Income Tax Act will be listed “For Hearing and Final

Disposal” without matters being shown “For Admission” in the first

instance. They are hereby further informed that the said Practice

Note No.13 dated 9th December, 2002 is hereby discontinued w. e.

f. Tuesday, the 13th

July, 2004. They are, therefore, informed thatin future, all Appeals under Section 260A of the Income Tax Act

will appear on Board for Admission in the first instance and

thereafter for Final Hearing.

Dated this 12th day of July, 2004.

By Order,






PRACTICE NOTE NO.14

N O T I C E

The Hon'ble the Chief Justice is pleased to direct thatwith immediate effect, the following procedure will be followed in

the matters of circulation / production for getting interim or ad-

interim relief etc.,:

1. The Advocate must make statement in urgent

circulation / production praecipe that all office

objections are removed.

2. Before moving such circulation / production

praecipes, the Advocate must invariably give

48 hours written notice to that effect to the

other side. If other side is not resident of

Mumbai, then 4 days written notice by speed

post or telegram or registered post A. D. must

be given to other side. The Advocate should

also submit praecipe to the Additional Registrar

(J-I) along with the proof of service of the

notice to other side. Circulation / production

will not be allowed if this procedure is not

followed.

3. In the Circulation / production praecipe the

grounds of urgency must be mentioned.




: 2 :

4. In the Circulation / production praecipe,

statement must be made that legible copiesof documents on which applicant wants to

rely are produced.

5. In the matters in which the Court has granted

ad-interim / interim reliefs, the Advocates

must give written notice to the other side on

the next day of granting of ad-interim/ interim

reliefs by fax / Speed Post / Telegram /

Registered Post A. D. specifically informing

the returnable date as fixed by the Hon'ble

Court and file affidavit of service to that effect

with the Additional Registrar (Judl.I) well in

advance atleast prior to 4 days of the date

fixed. If such notice is not given and affidavit

of service is not filed, the matters will be

dismissed for default.

6. Aforesaid procedure will not preclude the Court

from granting in appropriate cases ad-interim

relief without following aforesaid procedure.




: 3 :

7. If false statement is found to be made in

Circulation / Production praecipe or if it isnoticed that after getting ad-interim ex-parte

relief, steps to serve notice on other side are

not taken the matter may be dismissed for

default and heavy cost may be imposed on

the applicants.

High Court, Appellate Side } By Order,

}

} Sd/-} (T. V. Nalawade)

Bombay, 22nd September, 03. } Additional Registrar(Judl. I)





N O T I C E

For the enforcement of the provisions of the Rulesframed under Bombay High Court, Appellate Side Rules, 1960

regarding the presentation of Appeals and Applications, the

Hon'ble the Chief Justice is pleased to direct that with immediate

effect, following procedure will be followed:-

1. The matters ( including affidavit, reply) shall be

directly presented to Section Officer of concerned

Section who shall scrutinize and examine the

matter on the same day.

2. The Section Officer shall not accept the matter

unless the requirements laid down in Appellate

Side Rules are duly complied with. In addition

to these requirements, the requirements notified

in previous practice notes and the present one

shall be complied with.

3. The additional requirements are as follows:-

(a) The xerox copies annexed shall be legible.

(b) There shall not be underlines or markings

on any documents presented.




: 2 :

(c) When the Judgment, Order, G.R. / Circular

is under challenge or relevant documentsare not in English, typed copies of translation

in English of such documents shall be produced.

(d) The matter shall be presented with thick card

board cover.

(e) The affidavit shall be in confirmity with rules

framed in Chapter III of Appellate Side Rules.

The affidavit shall contain the statements of

fact which the declarant swears or solemnly

affirms.

(f) Affidavit, reply, rejoinder or sur - rejoinder

shall not be accepted unless it carries proper

pagination, pagination shall be in continuation

of petition, reply etc., already filed.

4. The Section Officer shall give reasons in writing

if he refuses to accept the matter. He shall also

make endorsement of refusal on the

presentation form. Carbon copy of

memorandum of reasons shall be preserved as

the office copy.

5. The Office shall maintain a register of matters

which are not accepted.




: 3 :

6. At the time of subsequent presentation of

the same matter, there shall be mention onthe presentation form that it is the 2nd or 3rd

etc., presentation. On such occasions the

memorandum of reasons given by office shall

be annexed with the presentation form and

statement shall be made by the advocate or

the party on the memorandum that

requirements laid down in memorandum

are duly complied with. The office shall not

assign any reason when the matter is not

accepted on 3rd and subsequent to 3rd

presentation.

7. No matter which has not been first filed in

the office, shall be brought before or presented

to the Court. No production will be allowed

unless statement is made in praecipe that the

matter is filed in the office.

High Court, Appellate Side } By Order,}} Sd/-} (T. V. Nalawade)

Bombay, 16th October, 2003. } Additional Registrar(Judl. I)




PRACTICE NOTE NO. 15(A)

N O T I C E

In partial modification of Practice Note No. 15 notified

on 16.10.2003, the Hon'ble the Chief Justice is pleased to direct

that with immediate effect, the following procedure will be

followed as regards the production of typed copies of translation in

English of the documents.

When the Judgment, orders, G.R./Circular under

challenge is not in English, when the advocate / party wants to

rely on the judgment, order, G.R./Circular which are not in English,

typed copies of translation in English of such judgment, order,

G.R./Circular shall be produced.

When the advocate / party wants to produce other

documents as relevant documents, the advocate / party shall give

undertaking that typed copies of translation in English of such

relevant documents shall be produced if required by the Court.

High Court, Appellate Side )

) Sd/-

Bombay, 11th November, 2003.) Additional Registrar (J-I)




PRACTICE NOTE NO.15-B

N O T I C E

To enable the filing of Civil Appeals and Revisions in thisCourt when the decree is not prepared by the Trial Court or the

First Appellate Court, the Hon'ble the Chief Justice is pleased to

direct that with immediate effect the following procedure will be

followed:-

When a Trial Court or the First Appellate Court has not

prepared the decree, the presentation of Civil Appeal and

Revisions will be accepted subject to following conditions:-

(a) That the party or the advocate makes declarationin writing in the application then an application isalready made to the Trial Court or the FirstAppellate Court in time for getting the certifiedcopy of decree which is to be challenged in the HighCourt.

(b) That the party or the advocate gives undertakingthat the certified copy of the decree will be filed in

the High Court immediately after it is delivered to theparty by the Trial Court or the First Appellate Court.

(c) That the party must make out urgency in theapplication filed for dispensing with copy of decreefor institution of the proceedings.

High Court, Appellate Side }


Bombay, 24th February, 2004. } Registrar (Judl. )





Assignment of Judicial work to various Benches by the

Hon'ble the Chief Justice from time to time shall be strictly

adhered to. A matter shall be listed only before a Bench

constituted by the Chief Justice for hearing matters of such

category. The Registry shall not list any such matter before any

other Bench without the orders of the Chief Justice. In case any

matter cannot be heard by a Bench so constituted for hearing

such category of matter, the Registry shall specifically seek

directions of the Chief Justice. A Division Bench or a Bench

comprising of a Single Judge shall not be constituted without the

orders of the Chief Justice. This Practice Note shall apply to part-

heard matters also. However, this Practice Note shall not apply to

the review applications which are governed by Chapter XXX Rule 3

of High Court, Appellate Side Rules, 1960 and to the matters

where the concerned Bench has declined to take up the matters

and such matters shall be governed by Circular dated 29.3.2004.

High Court, Appellate Side }}} Sd/-} (Mrs. M. R. Bhatkar)

Bombay, 28th April, 2004. } Registrar (Judicial)





The Hon'ble the Acting Chief Justice directs that while

taking up the matters for final hearing chronologically, prioritymay be given to Supreme Court time bound matters and matters

of Senior Citizens and matters involving extra ordinary urgency or

extreme and severe hardship in the first session, without

disturbing the directions issued on 5th May, 2004.

To enable hearing and final disposal of the matters

mentioned in the above 3 categories, applications may be made

before the Benches as per their respective assignments.

However, since more than one Bench is assigned, the same

category of matters, Advocates and Parties-in-person may take out

such applications before the Benches as given below:

BOMBAY BENCH

1. The Hon'ble Shri Justice ) Civil Writ PetitionsV. G. PALSHIKAR )

AND )

The Hon'ble Shri Justice )V. M. KANADE )

2. The Hon'ble Shri Justice ) Criminal AppealsH. L. GOKHALE )

AND ) The Hon'ble Shri Justice )

A. S. AGUIAR )

3. The Hon'ble Smt. Justice ) Criminal Appeals / Revision

V. K. TAHILRAMANI ) Applications / Criminal) Applications.




: 2 :NAGPUR BENCH

1. The Hon'ble Shri Justice ) Civil Writ Petitions.S. RADHAKRISHNAN )

AND )

The Hon'ble Shri Justice )K. J. ROHEE )

2. The Hon'ble Shri Justice ) Criminal Appeals (S.J.)P. S. BRAHME )

3. The Hon'ble Shri Justice ) First Appeals & SecondA. V. MOHTA ) Appeals.

AURANGABAD BENCH

1. The Hon'ble Shri Justice ) Civil Writ Petitions.S. B. MHASE )


A. P. DESHPANDE )

2. The Hon'ble Shri Justice ) First Appeal and SecondN. V. DABHOLKAR ) Appeals.

3. The Hon'ble Shri Justice ) Criminal Appeals/ WritV. G. MUNSHI ) Petitions/ Revision) Applications.

While deciding the chronology of the Writ Petitions or

appeals or applications, the year of the institution of the suit shall

be taken into account as a criterion for giving preference.


}} Sd/-} (Mrs. M. R. Bhatkar)

Bombay, 28th June, 2004. } Registrar (Judicial)





The Hon'ble the Acting Chief Justice directs that while

taking up the matters for final hearing chronologically, priority

may be given to Supreme Court time bound matters, matters of

Senior Citizens and matters involving extra ordinary urgency or




mentioned in the above categories, applications may be made

before the Benches as per their respective assignment.


Appeals or applications, the year of the institution of the suit shall

be taken into account as criterion for giving preference.


By Order,

High Court, Original Side )) Sd/-) (Ms. A. Rodrigues)

Bombay. ) Registrar (O. S.)/Prothonotary and Senior Master.





The Hon'ble the Acting Chief Justice has issued Practice

Note No.17 as follows:-

The Hon'ble the Acting Chief Justice directs that whiletaking up the matters for final hearing chronologically, priority

may be given to Supreme Court time bound matters and matters

of Senior Citizens and matters involving extra ordinary urgency or




mentioned in the above 3 categories, applications may be made

before the Benches as per their respective assignments.

However, since more than one Bench is assigned, the same

category of matters, Advocates and Parties-in-person may take out

such applications before the Benches as given below:

BOMBAY BENCH

1. The Hon'ble Shri Justice ) Civil Writ Petitions

V. G. PALSHIKAR )AND )The Hon'ble Shri Justice )

V. M. KANADE )



A. S. AGUIAR )

3. The Hon'ble Smt. Justice ) Criminal Appeals / RevisionV. K. TAHILRAMANI ) Applications / Criminal

) Applications.




: 2 :NAGPUR BENCH


AND )

The Hon'ble Shri Justice )K. J. ROHEE )


3. The Hon'ble Shri Justice ) First Appeals & SecondA. V. MOHTA ) Appeals.

AURANGABAD BENCH

1. The Hon'ble Shri Justice ) Civil Writ Petitions.S. B. MHASE )


A. P. DESHPANDE )


3. The Hon'ble Shri Justice ) Criminal Appeals/ WritV. G. MUNSHI ) Petitions/ Revision) Applications.


appeals or applications, the year of the institution of the suit shall

be taken into account as a criterion for giving preference.




: 3 :

In continuation of the Practice Note No.17, the Hon'ble

the Acting Chief Justice directs that the matters falling in the 3categories i. e. Supreme Court time bound matters, matters of

Senior Citizens and matters involving extra ordinary urgency or

extreme and severe hardship may be moved before the Bench

taking up admission work in the relevant categories, irrespective

of year wise assignment before the Bench as per Roster.

High Court, Appellate Side } By Order,}} Sd/-} (Mrs. M. R. Bhatkar)

Bombay, 15th July, 2004. } Registrar (Judicial)





It has been observed by the Hon'ble the Chief Justice that

large number of matters are lying in the Branches as unready due

to trivial objections. Hence, the Hon'ble the Chief Justice is

pleased to give the following directions to all the Departments

that:-

(i) The matters with the Civil Applications shall be

treated as ready for final hearing and placed beforethe Court except the matters in which the CivilApplications for legal heir is pending and inwhich other side is not served.

(ii) The First Appeals and Second Appeals after R & P isreceived in which printing is not yet availableshall also be treated as ready for final hearingand placed before the Court so that the printing canbe dispensed with directing Advocates for theAppellants to supply private paper books within thetime limit so ordered by the Court. If private paperbooks are not supplied within the time granted,the matters will be placed before the Court for

dismissal for non compliance.


Bombay, 4th August, 2004. } Registrar (Judicial)





The Advocates and parties appearing-in-person are

hereby informed that pursuant to the directions given by the

Hon'ble the Chief Justice, whenever there is Order passed by the

Hon'ble Court in Writ Petitions for issuance of Notice against the

Respondent/s, the Advocate/s for the Petitioner/s and/or

Petitioner/s in-person shall give sufficient copies of the pleadings

to the Registry and shall deposit a sum sufficient to meet the

costs of service by Registered Post A/D on each of the

Respondents ordered to be served and in cases where Petitioner's

Advocates or the Petitioner/s-in person request the Hon'ble Court

for dasti (hamdast) service and, if the Hon'ble Court allows such

dasti (hamdast), then Registry shall prepare notice and Petitioner's

Advocate/s or the Petitioner/s-in-person shall give sufficient copies

of the pleadings to Registry and the Registry shall hand over

sealed packet containing Notice with copy of pleadings to the

Petitioner's Advocate/s or the Petitioner/s-in-person who shall attheir cost, effect service thereof on the Respondents and file

Affidavit of Service in the Registry.

Dated this 17th day of June, 2005.

By Order,

High Court, Original Side )

) Sd/-

) (Ms. A. Rodrigues)Bombay. ) Registrar (O. S.)/

Prothonotary and Senior Master.




PRACTICE NOTE NO. 22AS PER CORRIGENDUM DATED 06.12.2005


In order to ensure preparation of Daily/Weekly Boards

before 4.45 p.m. and consequently delivery of Labai to the Hon'ble

Judges by 5.30 p.m. in their Chambers, the following instructions

are issued to the Registry (Judicial).

1. Admission Board to be got settled from the respective Courts

by the Associate / Sheristedar by 2.00 p. m.

2. Balance Board to be followed by circulated and due matters.

3. Balance Board not to be printed for the next day, save and

except a Note stating that the balance matters from serial no.

onwards will be taken up followed by circulated matters.

4. The day on which circulation is granted, the circulated

matters must be sent to the Board Department on the same

day before 2.00 p.m. When Circulation is granted, the

Department must trace the matter on the same day of

circulation and forward it to the Board Department without

waiting till one day prior to the due date.

5. The matters which are taken up for admission and adjourned

for the next day must not be sent to Board Department, but

should be retained with the Associate / Sheristedar for

being sent to the Hon'ble Judge directly.




: 2 :

6. No circulation be granted for the next day.

7. For final hearing matters - If the matter is adjourned tothe next week/s then only the matter must be sent to the

Board Department. Otherwise, the matter should be

retained by the Associates / Sheristedar after making

note on the Farad that the matter is adjourned in the

same week. He shall retain the papers with him for being

sent to the Hon'ble Judge.

8. Affidavits in reply should be filed two days prior to the

returnable date of the matter, as prescribed under Rule 11 of

Chapter 17 of the High Court Appellate Side Rules, 1960.

High Court, Appellate Side ) By Order,

)

) Sd/-

Bombay, date 24th November, 2005) (A. J. Rohee)Registrar (Judicial – I)





N O T I C E

In supersession of directions issued under Practice Note

Nos.15 and 15(A) issued on 16.10.2003 and 11.11.2003respectively, regarding presentation of appeals and applications,

the Hon'ble the Acting Chief Justice has been pleased to direct

that with immediate effect, the following procedure will be

followed:-

1. The matters ( inclusive affidavit, reply) shall be


Section who shall scrutinize and examine the matter

on the same day.

2. In addition to the requirements specified in the High

Court, Appellate Side Rules 1960, the requirements

notified in previous Practice Notes and the present

one shall be complied with.


(a) the xerox copies annexed shall be legible.

(b) there shall not be underlines or markings


(c) when the Judgment, Order, G.R./Circular

under challenge is not in English, when the

advocate/party wants to rely on the judgment,

order, G.R./Circular which are not in English,

typed copies of translation in English of such

judgment, order, G.R. / Circular shall be

produced.




: 2 :

When the advocate/party wants to produce other

documents as relevant documents, the advocate /

party shall give undertaking that typed copies of translation in English of such relevant documents

shall be produced if required by the Court.

(d) the matter shall be presented with thick card board

cover.

(e) the affidavit shall be in confirmity with rules framed

in Chapter III of Appellate Side Rules. The affidavit

shall contain the statements of fact which the

declarant swears or solemnly affirms.

(f) Affidavit, reply, rejoinder or sub-rejoinder shall not

be accepted unless it carries proper pagination.

Pagination shall be in continuation of petition, reply

etc., already filed.

4. No matter which has not been first filed in the

office, shall be brought before or presented to the

Court. No production will be allowed unless

statement is made in praecipe that the matter is

filed in the office.


) Sd/-

Bombay, dt.10th August, 2006. ) (C. L. PANGARKAR)Registrar General.





N O T I C E

In supersession of directions issued under Practice NoteNos. 15 and 15(A) issued on 16.10.2003 and 11.11.2003

respectively, the Hon'ble the Acting Chief Justice has been pleased

to direct that with immediate effect, the following procedure will

be followed:-

1. All filing should be done strictly in accordance with

the requirements of the High Court Appellate Side

Rules, 1960 (“the Rules”) under which filing of no

matter can be rejected, except those specifically

provided for therein.

2. The Registrars ( Judicial ), on presentation of a

matter, shall examine it in accordance with the

requirements of the Rules and notify the office

objections as prescribed therein.

3. The Registrars ( Judicial ) would adhere to the

requirements of the Rules and will not grant

liberal adjournments for removal of office

objections. This be not read as any restriction

on their powers to grant time for removal of

office objections.

4. No matter will be listed before the Court unless

the circulation slip / praecipe contains the stamp

number of the matter.




: 2 :

5. When the judgment, order, Government Resolution

/ Circular under challenge is not in English and the

Advocate / party wants to rely thereon, the typedEnglish translation thereof shall be produced.

6. When the Advocate / party wants to produce other

documents as relevant documents, the Advocate /

party shall give undertaking that typed English

translation thereof shall be produced, if required

by the Court.

7. In addition to the requirements specified in the

High Court, Appellate Side Rules, 1960, the

requirements notified in previous Practice Notes

and the present one shall be complied with.







advocate/party wants to rely on the judgment

order, G.R./Circular which are not in English



produced.




: 3 :

When the advocate / party wants to produce

other documents as relevant documents, theadvocate / party shall give undertaking that


relevant documents shall be produced if required

by the Court.


board cover.





affirms.

(f) Affidavit, reply, rejoinder or sub-rejoinder shall

not be accepted unless it carries proper

pagination. Pagination shall be in continuation

of petition, reply, etc., already filed.

High Court, Appellate Side ) By order,

)

) Sd/-

Bombay,dt, 16th August, 2006. ) (C. L. PANGARKAR)

Registrar General.




PRACTICE NOTE NO.25

In supersession of the directions issued under

Practice Note No.5 dated 17th January, 1997, the Hon'ble the

Acting Chief Justice has been pleased to direct that with

immediate effect, the following procedure will be followed:-

All Affidavits, i. e. Replies, Rejoinders, Sur-Rejoinders etc.,

shall not be accepted unless they are properly paginated. The

Pagination shall be in continuation of Petition, reply etc., already

filed.

The Advocates/Litigants should ensure that such

pagination should be in consonance with the pagination already

given to the aforesaid documents which are already filed in the

Registry and to carry out the said pagination well in advance

before the matter appears on board to avoid inconvenience to the

Hon'ble Court.

The Advocates/Litigants should serve the copy of the

aforesaid documents on the other side only after verifying thepagination given on the documents which are already filed in the

Registry so as to avoid the repetition of running page numbers.

By Order,


) Sd/-) (Ms. A. Rodrigues)Bombay, 25th September, 2006.) Registrar (O. S.)/





PRACTICE NOTE NO.26

The Advocates and parties appearing-in-person are

hereby informed that pursuant to the directions given by theHon'ble Shri Justice Dr. D. Y. Chandrachud, the Hon'ble Company

Judge, the existing procedure of issuing Notices u/s. 394(1) and

394A of the Companies Act, 1956 to the Official Liquidator and the

Regional Director respectively, through the Company Department

is dispensed with hereafter, such Notices shall be issued and

served directly by the Advocate (s) for the Petitioner(s)/

Applicant (s) and/or the parties appearing-in-person on the Official

Liquidator and the Regional Director.

They are further informed that in the Company

Applications and Company Petitions filed u/s. 391 to 394 of the

Companies Act, 1956, i. e. in the Scheme matters it is noticed that

the following documents annexed to one Company Application

filed by the Transferee Company are repeatedly annexed to the

Company Application / Petition filed by the Transferor company

(ies):-

(a) Copy of Memorandum & Articles of Association of Applicant/Transferor Company.

(b) Copy of Memorandum & Articles of Association of

Transferee / Resulting Company.




: 2 :

(c) Copy of Audited Balance Sheet (of last financial year)of Applicant / Transferor Company.

(d) Copy of Audited Balance Sheet (of last financial year)of Transferee / Resulting Company.

(e) Copy of the Proposed Scheme of Arrangement /Amalgamation.

(f) Copy of the latest provisional / unaudited BalanceSheet of the Transferor / Demerged Company.

(g) Copy of the latest provisional / unaudited BalanceSheet of the Transferee / Resulting Company.

Hence, in order to avoid duplication of documents

and in order to save space occupied by such documents, as per

the directions of His Lordship it is decided that henceforth while

filing a Company Application / Petition in Scheme Matters, the

aforesaid documents shall be annexed to the Application / Petition

filed by the Transferee Company only and no such documents

shall be annexed to the Application / Petition filed by the

Transferor Company. However, averments to that effect is to be

made in the Application / Petition filed by the Transferor Company.

In case the scheme of Arrangement / Amalgamation where only

one Application / Petition is filed, the current practice of enclosing

all Exhibits will continue. They are also informed that if the

Transferee Company is situated in the




: 3 :

jurisdiction of the some other Court, in such a case the

abovementioned documents are to be annexed to the CompanyApplication / Petition filed by the Transferor Company (ies).

Dated this 31st day of October, 2007.

By Order,

High Court, Original Side ) Sd/-







Advocates and parties appearing-in-person are hereby

informed that pursuant to the directions of the Hon'ble Shri Justice

Dr. D. Y. Chandrachud (the Hon'ble Company Judge), they are

required to furnish the following information (in the tabular

format) at the time of hearing of the Company Petitions filed under

Section 78, 80, 100 to 105 and 391 to 394 of the Companies Act,

1956:-

(1) No. of Company Petition and connected Company

Application/s.

(2) Introduction of the Petitioner Company.

(3) Nature of the Scheme (i.e. Amalgamation, Arrangement,

etc.,)

(4) Purpose / Reasons of the Scheme.

(5) Name of the Transferor / Demerged Company.

(6) Name of the Transferee / Resulting Company.(7) Compliance with the Statutory Requirements.

(8) Details of Meetings, Consents, service of individuals

notices in respect of Shareholders (Equity and Preference)

and Creditors (Secured and Unsecured)

(9) Objections, if any.

(10)Compliance with the statutory requisitions of the Regional

Director, Registrar of Companies and the Official

Liquidator.




: 2 :

(11)Prayers to be approved.


By Order,







Practice Note No. 28

As per the directions given by the Hon'ble the Chief

Justice, IT IS HEREBY NOTIFIED for the information of Advocates

and parties appearing-in-person that, before moving for circulation

/ production, by way of praecipe, in the matter in which the

presence of the Court Receiver is required, they should invariably

give 48 hours written notice to that effect to the Office of the

Court Receiver.

They are further informed that in such case of extreme

urgency, they should give at least 2 hours notice to the office of

the Court Receiver.

The aforesaid directions should be followed strictly to

enable the Office of the Court Receiver to assist the Hon'ble

Court.

By Order,

HIGH COURT, ORIGINAL SIDE, ))) (MS. A. RODRIGUES)

BOMBAY, FEBRUARY, 2009 ) REGISTRAR, ORIGINAL SIDE, /) PROTHONOTARY AND SENIOR

MASTER




PRACTICE NOTE NO. 4

This Practice Note is discontinued

(Please see Practice Note No.8)







PRACTICE NOTES

1

O. S.

Advocates and parties appearing in person should submit thesynopsis duly signed alongwith Appeal and Writ Petition.They should also file fresh synopsis at the time of final hearingof Appeal & Writ Petition.

06/11/95

2

O. S.

Advocates and parties appearing in person should invariably file appearance, as per the format given, as and when thematter is called out in Court for admission/ hearing, withthe Court Associate/ Sheristedar.

10/04/96

3

O. S.

Advocates and parties appearing in person should submit theRequisition Slip of Acts, Rules and Law Reports at least onehour before the case is expected to reach hearing to the Court

Associate/ Sheristedar.

10/04/96

4

O. S.

This Practice Note is suppressed by Practice Note no.8. 24/04/96

5

O. S.

a) Affidavit in the proceeding should be got paginated beforeplacing the same before the Court.( The same is for Advocate)

b) Interim or interlocutory Orders passed in the mainproceedings or in the Notices of Motion or ChamberSummons or Summons for Judgment should be indexed andkept the proceedings in the chronological order.(Separate office order instructing the Court Office is issued).c) Whenever the Court grants ad-interim or interim order interms of prayers (a) etc., that entire prayer/s should bereproduced in the order/minutes of the order.(Separate office order instructing the P.A./Steno is issued).(Please see Practice Note No. 25)

17/01/97

6O. S.

As and when urgent application and/or exparte application ismoved for ad-interim or interim relief, Advocate and partiesappearing in person should give 48 hours written notice of such urgent application to the other side. They should alsofile a praecipe setting out the grounds of urgency and shouldsubmit the same to the Registry alongwith the proof of service.

19/02/97



7

O. S.

Pursuant to the insertion of section 260A in the Income Tax Act, 1961, Section 27A in the Wealth Tax Act, 1957 andapplication of proceedings under the Gift Tax Act, 1958 by theFinance (No.2) Act, 1998 w.e.f . 1st October, 1998, the followingpractice-directions have been issued.a) Appeals under the above provisions of the I.T.A ., W.T.A.

and G.T.A . shall be numbered as “ Tax Appeal (IT/WT/GT)”. b) Unless specially assigned, such Appeals includingapplications, Notice of Motion etc., arising therefrom shall beplaced for admission and/or hearing before the DivisionBench dealing with tax references.c) Memo of Appeal in such appeal should be in conformity with the requirement of the said sections and should beaccompanied by a statement of facts and the orders of theTribunal as also of the lower authorities, documents, earlierorder cited before Tribunal should also be annexed.

30/09/98

8

O. S.

In supersession of the Practice Note No.4 dated 24.4.96, theapplications for restoration of the cases dismissed for defaultshould be moved for orders, unless otherwise directed by theHon'ble the Chief Justice before the regular court.

31/07/99

9

O. S.

Advocates and parties appearing in person are directed toannex sufficient order sheets/proforma to the applications viz.Notice of Motion/ Chamber Summons/ Summons forJudgment etc., while registering, for recording the orderspassed on such applications.

19/06/00

10

O. S.

All Income Tax Appeals u/s. 260 A of the Income Tax Actrelating to Kolhapur, Nashik, Pune, Raigad, Ratnagiri,Sindhudurg – Oras, Satara, Sangli, Solapur and ThaneDivisions shall hereinafter be filed only on the Original Side of the High Court at Bombay. AND that all such I.T. Appeals

which are filed on the Appellate Side of the High Court atBombay and which are pending admission / numbering aredirected to be transferred to the Original Side of the Bombay High Court.

1/08/00

http://w.e.f/

http://w.e.f/

http://i.t.a/

http://g.t.a/

http://g.t.a/

http://i.t.a/

http://g.t.a/

http://w.e.f/



11

O. S.

The Office is directed to accept xerox copies of documentsannexed to Plaints, Written Statements, Petitions, Appeals, Affidavits etc., provided the said copies are clear, legible andunmarked.

01/06/01

12

O. S.

The Hon'ble Judge taking Company matters will continue tohear and decide winding up applications and all otherapplications under the Companies Act, 1956 in respect of Companies having Registered Office in the areas falling withinthe Jurisdiction of Aurangabad Bench on the Original Side of the High Court at Bombay.

14/11/02

13

O. S.

This Practice Note is discontinued w.e.f . 13.7.2004 by Noticedated 12th July, 2004.

09/12/02

14

A. S.

Procedure in respect of Circulation/ Production for interim orad-interim relief etc.

i) it should be mentioned in praecipe that all office objectionsare removed.

ii) 48 hours written notice be giveniii)Urgency must be mentioned.iv)It must be mentioned that legible copies of documents on

which applicant wants to rely are produced. v) The matter in which ad-interim relief is granted, the

Advocates must give written notice to the other side on thenext date of granting of ad-interim relief by Fax/ SpeedPost/ Telegram/ Reg. A. D. specifically informing thereturnable date ................... If such notice is not given andaffidavit of service is not filed, the matter will be dismissed

for default. vi)Aforesaid procedure will not preclude the court fromgranting in appropriate cases ad-interim relief withoutfollowing aforesaid procedure.

vii)If false statement is found to be made incirculation/production praecipe or proper steps are nottaken, the matter may be dismissed for default and heavy cost may be imposed on the applicants.

22/09/03

http://w.e.f/

http://w.e.f/



15

A. S.

15-A

A.S.

This Practice Note pertains to the procedure in respect of theRules framed under the Bombay High Court, Appellate SideRules, 1960 regarding the presentation of Appeals and Applications.

In partial modification of Practice Note 15 – when Judgment,

Order, G.R./Circular under challenge is not in English, typedcopies of translation in English of such judgment, orders, etc.,shall be produced.

16/10/03

11/11/03

15-B

A. S.

This Practice Note pertains to the procedure in respect of filing of Civil Appeals and Revisions in this Court when theDecree is not prepared by the Trial Court of the First Appellate Court.

24/02/04

16

A. S.

Assignment of Judicial Work to various Benches by theHon'ble the Chief Justice from time to time shall be strictly adhered to. A matter shall be listed only before a Benchconstituted by the Chief Justice for hearing matters of suchcategory. The Registry shall not list any such matter beforeany other Bench without the orders of the Chief Justice. Incase any matter can not be heard by a Bench so constituted forhearing such category of matters, the Registry shallspecifically seek directions of the Chief Justice. This PracticeNote shall apply to part-heard matters also.

28/04/04

17

A. S.

While taking up the matters for final hearing chronologically,priority may be given to Supreme Court time bound mattersinvolving extra ordinary urgency or extreme and severehardship, in the first session. While deciding the chronology of the matters, the year of the institution of the suit shall betaken into account as a criterion for giving preference.

28/06/04

18

O. S.

While taking up the matters for final hearing chronologically,priority may be given to Supreme Court time bound mattersinvolving extra ordinary urgency or extreme and severehardship in the first session. While deciding the chronology of the matters, the year of the institution of the suit shall betaken into account as a criterion for giving preference.

06/07/04



19

A. S.

This Practice Note pertains to the procedure in respect of expediting the Supreme Court time bound matters, matter of Senior Citizens and matters involving extra ordinary urgency etc., before the respective Hon'ble Courts.

15/07/04

20 A. S.

(i)The matters with the Civil Applications shall be treated asready for final hearing and placed before the Court exceptthe matters in which the Civil Applications for legal heir ispending and in which other side is not served.

(ii)The First Appeal and Second Appeals after R & P isreceived in which printing is not yet available shall also betreated as ready for final hearing and placed before theCourt so that the printing can be dispensed with directing Advocates for the Appellants to supply private paper books within the time limit so ordered by the Court. If privatepaper books are not supplied within the time granted, thematters will be placed before the Court for dismissal fornon-compliance.

04/08/04

21

O.S.

Whenever there is Order passed by the Hon'ble Court in WritPetitions for issuance of Notice against the Respondents, Advocate for the Petitioner/s or Petitioner/s in person shallgive sufficient copies of the pleadings to the Registry and shalldeposit a sum sufficient to meet the costs of service by Regd. A.D. on each of the Respondents ordered to be served and incases where Hamdust is granted, then Petitioner's Advocate/sor Petitioner in-person shall give sufficient copies of thepleading to Registry and the Registry shall hand over sealedpacket containing Notice with copy of pleading to thePetitioner's Advocate or the Petitioner in-person who shall attheir cost, effect service thereof on the Respondent and file Affidavit of Service.

17/06/05

22

A.S.

Instruction to the Registry in order to ensure preparation of

Daily/ Weekly Boards before 4.45 p.m. and consequently delivery of Labai to the Hon'ble Judges by 5.30 p.m. in TheirLordships' Chamber.

24/11/05

23

A.S.

In supersession of directions issued under Practice NoteNos.15 and 15 (A) issued on 16.10.2003 and 11.11.2003respectively, procedure is described in respect of scrutiny of documents filed with the Registry (A.S.)

10/08/06



24

A.S.

In supersession of directions issued under Practice NoteNos.15 and 15 (A) issued on 16.10.2003 and 11.11.2003respectively, procedure is described in respect of filing whichshould be in accordance with requirements of the High Court Appellate Side Rules, 1960.

16/08/06

25O.S.

In supersession of Directions under Practice Note No. 5 dated17.1.1997 – All Affidavits shall not be accepted unless they areproperly paginated. Advocates/Litigants should ensure thesame.

25/09/06

26

O.S.

(i) The existing practice of issuing Notices u/s. 394(1) and394A of the Companies Act, 1956 to the Official Liquidatorand the Regional Director respectively, through the Company Department is dispensed with hereafter, such Notices shall beissued and served directly by the Advocate (s) for the

Petitioner (s) / Applicant (s) and /or the parties appearing inperson on the Official Liquidator and the Regional Director;

and(ii) Henceforth, while filing a Company Application/ Petitionin scheme matters (u/s. 391 to 394), the documentsmentioned in the said Practice Note shall be annexed to the Application / Petition filed by the Transferee Company only and no such documents shall be annexed to the Application /Petition filed by the transferor company. However, only averments to that effect is to be made.

31.10.07

27

O.S.

At the time of hearing of the Company Petitions filed u/s. 78,80, 100 to 105 and 391 to 394 of the Companies Act, 1956, the Advocates and parties appearing in person are required tofurnish the information in tabular format as mentioned in thesaid Practice Note.

31.10.07



PRACTICE NOTE NO. 1

No. P.1615/91.

N O T I C E

In partial modification of the Order dated 27

th

September, 1995, all the Advocates and parties appearing in person are hereby informed that His Lordship the

Hon'ble the Chief Justice is pleased to direct that the Advocates and parties appearing

in person should submit the synopsis duly signed by the Advocates on record,

alongwith the Appeal and Writ Petitions filed on the Original Side as well as on the

Appellate Side. The synopsis should contain (1) the events and dates, (2) points to be

heard, (3) Acts / Rules to be referred to and (4) authorities to be cited.

They should also submit the synopsis consisting of chronology of dates andevents, along with Appeal from Order, Civil Revision Applications, Criminal Appeals,

Criminal Revision Applications and Criminal Applications filed on the Appellate Side.

They are further informed that as and when the Appeal and Writ Petitions are

listed for final hearing, they should file a fresh synopsis in the aforesaid format,

highlighting the points which are likely to be decided.

Dated this 6th day of November, 1995.

By Order,

Sd/-

Additional Registrar Prothonotary & Senior Master.(Judicial – I)



PRACTICE NOTE NO.2

No.B/4527Bombay, 18th April, 1996.

N O T I C E

The Advocates and parties appearing in person are hereby, pursuant to the

directions of the Hon'ble the Chief Justice, directed that as and when the Case/

Appeal / Matter / Suit / Petition is called out in Court for admission/hearing, they

should, invariably, file appearance for the use of the Hon'ble Courts, in the format

given below, with the Court Associate/ Court Sheristedar.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY FORMAT OF APPEARANCE

COURT ROOM NO. :

CASE/APPEAL/SUIT/MATTER WRIT PETITIONS :

NAMES OF THE COUNSEL APPEARING :

(a) FOR THE PLAINTIFF/PETITIONER/APPELLANT :

(b) FOR THE DEFENDANT/RESPONDENT/OPPONENT :

SIGNATURE:DATED:

(NOTE: Slips should be of yellow colour paper)

Sd/- Addl. Registrar (Judl.) Prothonotary & Senior Master

Appellate Side Original Side.





PRACTICE NOTE NO. 4

DATED 24TH DAY OF APRIL, 1996

Advocates and parties appearing in person are hereby informed that

applications for restoration of the cases dismissed for default will be moved for orders,

unless otherwise, directed by the Hon'ble the Chief Justice, before the same Bench

which had passed the Order of dismissal.

By Order,

Sd/- Additional Registrar (Judl.-I) Prothonotary & Senior Master.



PRACTICE NOTE NO. 5DATED 17TH JANUARY, 1997

The Advocates and parties appearing in-person are, pursuant to the

directions passed by the Hon'ble the Chief Justice, hereby informed that the following

practice note has came into force with immediate effect.

1. Affidavits in the proceedings should be got

paginated before placing the same before the

Court.

2. Interim or interlocutory orders passed in the main

proceedings or in the Notices of Motion or Chamber

Summons or Summons for Judgment should be

indexed and kept in the proceedings in the

chronological order.

3. Whenever the Court grants ad-interim or interim

order in terms of prayer/s (a) etc., that entire

prayer/s should be reproduced in the order/minutes

of the order.


) Sd/-

Bombay, 17th January, 1997. ) Prothonotary and Senior Master.



PRACTICE NOTE NO. 6

It has been observed by the Courts that applications for urgent relief

and/or for ex-parte relief are moved without adequate notice to the opposite side.

Being not satisfied about the same, the Hon'ble the Chief Justice and Judges are

pleased to direct that as and when the Advocates and the parties appearing-in-person

move an urgent application and/or ex-parte application for ad-interim or interim relief

they should, before moving an application inveriably give 48 hours written notice of

such urgent application to the Opponent/ Opposite Side and they should also file a

praecipe setting out the grounds of urgency and should submit the same to the

concerned Registry alongwith the proof of service of the notice on the opponent /

opposite side on the last Court working day prior to the date of placing the matter for

urgent relief. This will not preclude the Court from granting in the appropriate cases,

ad-interim relief without following the aforesaid procedure.


) Sd/-

Bombay, 19th February, 1997. ) (A. R. Bapat)




PRACTICE NOTE NO. 7

The procedure of referring questions of law framed by the Income Tax

Tribunals to the High Court under the Income-tax Act, 1961 is now deleted. Section

260A is added in the Income-tax Act, 1961. Similarly, section 27A is added in the

Wealth Tax Act, 1957. Section 260A reads as under :-

“Section 260A

(1) An appeal shall lie to the High Court from every

order passed in appeal by the Appellate Tribunal,

if the High Court is satisfied that the case involves

a substantial question of law.

(2) An appeal under this sub-section shall be:-

(a) filed within one hundred and twenty days

from the date on which the order appealed

against is communicated to the appellant;

(b) accompanied by a fee of ten thousand rupees

where such appeals is filed by an assessee;

(c) in the form of memorandum of appeal

precisely stating therein the substantial

question of law involved.

(3) Where the High Court is satisfied that a substantial

question of law is involved in any case, it shall formulate that

question.



: 2 :

(4) The appeal shall be heard only on the question so

formulated, and the respondents shall at the hearing of the

appeal, be allowed to argue that the case does not involve such

question:

Provided that nothing in this sub-section shall be deemed to

take away or abridge the power of the court to hear, for reasons to

be recorded, the appeal on any other substantial question of law not

formulated by it, if it is satisfied that the case involved such question.

(5) The High Court shall decide the question of law so

formulated and deliver such judgment thereon containing the

grounds on which such decision is founded and may award such

cost as it deems fit.

(6) The High Court may determine any issue which -

(a) has not been determined by the Appellate

Tribunal; or

(b) has been wrongly determined by the Appellate

Tribunal, by reason of a decision on such

question of law as is referred to in sub-section

(1)”.



: 3 :

Pursuant to the insertion of section 260A in the Income-tax Act, 1961,

section 27A in the Wealth Tax Act, 1957 and application of section 27A of the Wealth

Tax Act to the proceedings under the Gift Tax Act, 1958 by the Finance (No.2) Act,

1998 with effect from 1st October, 1998, the following practice-directions have been

issued by the Hon'ble Chief Justice, issued:

(1) Appeals under the above provisions of the Income-tax

Act, Wealth Tax Act and Gifts Tax Act shall be numbered

as “Tax Appeal (IT/WT/GT)”.

(2) Unless specially assigned, such appeals, including

applications, notices of motion etc., arising therefrom,

shall be placed for admission and/or hearing before

the Division Bench dealing with tax references.

(3) Memorandum of appeal in such appeal should be

in conformity with the requirements of the said

sections and should be accompanied by a statement

of facts and the orders of the Tribunal as also of the

lower authorities. Any document on which reliance

was placed before the Tribunal should also be

annexed.



: 4 :

(4) If, while deciding the appeal, the Tribunal has followed

any of its earlier order / orders either in the case of the

assessee itself in respect of any other assessment yearor in case of any other assessee, such order / orders

should also be annexed to the memorandum of appeal.

(5) On being numbered, such appeals shall be placed for

admission.

By Order,

High Court, O. S. B'bay. Sd/-30th September, 1998. Prothonotary and Senior Master.



PRACTICE NOTE NO. 8

DATED 31st JULY, 1999

In supersession of the Practice Note No. 4 dated 24th April, 1996, the

Advocates and parties appearing-in-person are hereby informed that applications for

restoration of the cases dismissed for default should be moved for orders, unless

otherwise directed by the Hon'ble the Chief Justice, before the regular Court.

BY ORDER,

PROTHONOTARY AND SENIOR MASTER.

HIGH COURT ) Sd/-

BOMBAY. ) ADDL. REGISTRAR (J-I).




It has been observed by the Hon'ble the Chief Justice that Judicial time

of the Hon'ble Courts is wested in finding out the orders passed earlier on

interlocutory proceedings in the matter by the Hon'ble Court. It has therefore been

directed that while registering all miscellaneous applications, such as Notice of Motion

/ Chamber Summons / Summons for Judgment / Interim Petitions taken out in main

Suit, Petition, Appeal or matters, order sheets / proforma should be annexed for

recording the orders passed on such interlocutory proceedings.

Advocates and parties appearing-in-person are, therefore, hereby

directed to annex, with immediate effect, sufficient number of order sheets / proforma

at the time of registration of interim or misc. application. They are further directed

that they should also annex Order Sheets / proforma in all pending Miscellaneous

matters, such as Notices of Motions / Chamber Summons / Summons for Judgment /

Judge's Summons / Interim Petitions and matters within four weeks from the date

hereof.

All concerned Section Officers and Clerks working in filing Department

and Staff working in Computer Counter to take note of the above directions and take

follow up action.

Sd/-

19th June, 2000. PROTHONOTARY AND SENIOR MASTER.




Advocates and parties appearing-in-person are hereby informed that all

Income Tax Appeals U/s 260A of the Income Tax Act relating to Kolhapur, Nashik,

Pune, Raigad, Ratnagiri, Sindhudurg-Oras, Satara, Sangli, Solapur and Thane

Divisions shall hereinafter be filed only on the Original Side of the High Court at

Bombay.

They are hereby further informed that all Income Tax Appeals which

are filed on the Appellate Side of the High Court at Bombay, and which are pending

Admission / numbering are directed to be transferred to the Original Side of the

Bombay High Court. In future also, all such Appeals shall be filed only on the Original

Side of the High Court, at Bombay.

Bombay, dated this 11th day of August, 2000.

BY ORDER

Sd/- Sd/-(A. R. BAPAT)

REGISTRAR PROTHONOTARY AND SENIOR MASTER HIGH COURT, APPELLATE SIDE HIGH COURT, O. S. BOMBAY

BOMBAY.




Advocates and parties appearing-in-person are hereby informed that

the Hon'ble the Chief Justice has been pleased to direct the Office to accept xerox

copies of documents annexed to plaints, written statements, petitions, appeals,

affidavits etc., provided the said copies are clear, legible and unmarked.

Sd/-

1st June, 2001. Prothonotary and Senior Master.



No. G/Amend/13094


Re: Matters falling under the Companies Act, 1956


pursuant to the decision taken by the Administrative Judges to continue status quo in

Rules pending setting up of offices of Registrar of Companies and Official Liquidator at

Aurangabad, the Hon'ble Judge taking Company matters will continue to hear and

decide winding up applications and all other applications under the Companies Act,

1956 in respect of Companies having Registered Office in the areas falling within the

jurisdiction of Aurangabad Bench on the Original Side of the High Court at Bombay.

Sd/-

14th November, 2002. Prothonotary and Senior Master.




Re:- Appeals u/s. 260A of Income Tax Act

Advocates and parties appearing-in-person are hereby informed thatearlier Appeals under Section 260A of the Income Tax Act were shown in the first

instance 'for Admission' and thereafter for final hearing. However, to expedite the

process, it has been decided to do away with the procedure of all Appeals being shown

for Admission in the first instance. Accordingly, they are hereby further informed that

until further orders, all Appeals filed under Section 260A of the Income-tax Act will be

listed 'for hearing and final disposal' without matters being shown for Admission in the

first instance.

Dated this 9th day of December, 2002.

By Order,


) (MS. A. RODRIGUES)

BOMBAY. ) PROTHONOTARY & SENIOR MASTER.



PRACTICE NOTE NO. 13 IS DISCONTINUED

N O T I C E

Advocates and parties appearing-in-person are hereby informed that as

per Practice Note No.13 dated 9th December, 2002, it was informed that Appeals under

Section 260A of the Income Tax Act will be listed “For Hearing and Final Disposal”

without matters being shown “For Admission” in the first instance. They are hereby

further informed that the said Practice Note No.13 dated 9th December, 2002 is hereby

discontinued w. e. f. Tuesday, the 13th July, 2004. They are, therefore, informed that in

future, all Appeals under Section 260A of the Income Tax Act will appear on Board for

Admission in the first instance and thereafter for Final Hearing.


By Order,





PRACTICE NOTE NO.14

N O T I C E

The Hon'ble the Chief Justice is pleased to direct that with immediate

effect, the following procedure will be followed in the matters of circulation /production for getting interim or ad-interim relief etc.,:

1. The Advocate must make statement in urgent

circulation / production praecipe that all office

objections are removed.

2. Before moving such circulation / production

praecipes, the Advocate must invariably give48 hours written notice to that effect to the

other side. If other side is not resident of

Mumbai, then 4 days written notice by speed

post or telegram or registered post A. D. must

be given to other side. The Advocate should

also submit praecipe to the Additional Registrar

(J-I) along with the proof of service of thenotice to other side. Circulation / production

will not be allowed if this procedure is not

followed.

3. In the Circulation / production praecipe the

grounds of urgency must be mentioned.



: 2 :

4. In the Circulation / production praecipe,

statement must be made that legible copies

of documents on which applicant wants to

rely are produced.

5. In the matters in which the Court has granted

ad-interim / interim reliefs, the Advocates

must give written notice to the other side on

the next day of granting of ad-interim/ interim

reliefs by fax / Speed Post / Telegram /

Registered Post A. D. specifically informing

the returnable date as fixed by the Hon'ble

Court and file affidavit of service to that effect

with the Additional Registrar (Judl.I) well in

advance atleast prior to 4 days of the date

fixed. If such notice is not given and affidavit

of service is not filed, the matters will be

dismissed for default.

6. Aforesaid procedure will not preclude the Court

from granting in appropriate cases ad-interim

relief without following aforesaid procedure.



: 3 :

7. If false statement is found to be made in

Circulation / Production praecipe or if it is

noticed that after getting ad-interim ex-parte

relief, steps to serve notice on other side are

not taken the matter may be dismissed for

default and heavy cost may be imposed on

the applicants.


}


Bombay, 22nd September, 2003. } Additional Registrar(Judl. I)




N O T I C E

For the enforcement of the provisions of the Rules framed under

Bombay High Court, Appellate Side Rules, 1960 regarding the presentation of Appeals

and Applications, the Hon'ble the Chief Justice is pleased to direct that with immediate

effect, following procedure will be followed:-

1. The matters ( including affidavit, reply) shall be


Section who shall scrutinize and examine the

matter on the same day.

2. The Section Officer shall not accept the matter

unless the requirements laid down in Appellate

Side Rules are duly complied with. In addition

to these requirements, the requirements notified

in previous practice notes and the present one

shall be complied with.







: 2 :


is under challenge or relevant documents

are not in English, typed copies of translation

in English of such documents shall be produced.


board cover.





affirms.

(f) Affidavit, reply, rejoinder or sur - rejoinder

shall not be accepted unless it carries proper

pagination, pagination shall be in continuation

of petition, reply etc., already filed.

4. The Section Officer shall give reasons in writing

if he refuses to accept the matter. He shall also

make endorsement of refusal on the presentation

form. Carbon copy of memorandum of reasons

shall be preserved as the office copy.

5. The Office shall maintain a register of matters

which are not accepted.



: 3 :

6. At the time of subsequent presentation of

the same matter, there shall be mention on

the presentation form that it is the 2nd or 3rd

etc., presentation. On such occasions the

memorandum of reasons given by office shall

be annexed with the presentation form and

statement shall be made by the advocate or

the party on the memorandum that

requirements laid down in memorandum

are duly complied with. The office shall not

assign any reason when the matter is not

accepted on 3rd and subsequent to 3rd

presentation.

7. No matter which has not been first filed in

the office, shall be brought before or presented

to the Court. No production will be allowed

unless statement is made in praecipe that the

matter is filed in the office.

High Court, Appellate Side } By Order,}} Sd/-} (T. V. Nalawade)

Bombay, 16th October, 2003. } Additional Registrar

(Judl. I)



PRACTICE NOTE NO. 15(A)

N O T I C E

In partial modification of Practice Note No. 15 notified on 16.10.2003,

the Hon'ble the Chief Justice is pleased to direct that with immediate effect, the

following procedure will be followed as regards the production of typed copies of

translation in English of the documents.

When the Judgment, orders, G.R./Circular under challenge is not in

English, when the advocate / party wants to rely on the judgment, order, G.R./Circular

which are not in English, typed copies of translation in English of such judgment,

order, G.R./Circular shall be produced.

When the advocate / party wants to produce other documents as

relevant documents, the advocate / party shall give undertaking that typed copies of

translation in English of such relevant documents shall be produced if required by the

Court.

High Court, Appellate Side )

) Sd/-

Bombay, 11th November, 2003. ) Additional Registrar (J-I)



PRACTICE NOTE NO.15-B

N O T I C E

To enable the filing of Civil Appeals and Revisions in this Court when the

decree is not prepared by the Trial Court or the First Appellate Court, the Hon'ble the

Chief Justice is pleased to direct that with immediate effect the following procedure

will be followed:-

When a Trial Court or the First Appellate Court has not prepared the decree,

the presentation of Civil Appeal and Revisions will be accepted subject to following

conditions:-

(a) That the party or the advocate makes declaration in

writing in the application then an application is already made to the Trial Court or the First Appellate Courtin time for getting the certified copy of decree whichis to be challenged in the High Court.

(b) That the party or the advocate gives undertaking thatthe certified copy of the decree will be filed in the HighCourt immediately after it is delivered to the party by the Trial Court or the First Appellate Court.

(c) That the party must make out urgency in the applicationfiled for dispensing with copy of decree for institutionof the proceedings.

High Court, Appellate Side }} Sd/-} (T. V. Nalawade)

Bombay, 24th February, 2004. } Registrar (Judl. )




Assignment of Judicial work to various Benches by the Hon'ble the Chief

Justice from time to time shall be strictly adhered to. A matter shall be listed only

before a Bench constituted by the Chief Justice for hearing matters of such category.

The Registry shall not list any such matter before any other Bench without the orders

of the Chief Justice. In case any matter cannot be heard by a Bench so constituted for

hearing such category of matter, the Registry shall specifically seek directions of the

Chief Justice. A Division Bench or a Bench comprising of a Single Judge shall not be

constituted without the orders of the Chief Justice. This Practice Note shall apply to

part-heard matters also. However, this Practice Note shall not apply to the review

applications which are governed by Chapter XXX Rule 3 of High Court, Appellate Side

Rules, 1960 and to the matters where the concerned Bench has declined to take up the

matters and such matters shall be governed by Circular dated 29.3.2004.

High Court, Appellate Side }}} Sd/-} (Mrs. M. R. Bhatkar)

Bombay, 28th April, 2004. } Registrar (Judicial)




The Hon'ble the Acting Chief Justice directs that while taking up the matters

for final hearing chronologically, priority may be given to Supreme Court time bound

matters and matters of Senior Citizens and matters involving extra ordinary urgency orextreme and severe hardship in the first session, without disturbing the directions

issued on 5th May, 2004.

To enable hearing and final disposal of the matters mentioned in the above 3

categories, applications may be made before the Benches as per their respective

assignments. However, since more than one Bench is assigned, the same category of

matters, Advocates and Parties-in-person may take out such applications before the

Benches as given below:BOMBAY BENCH


AND )The Hon'ble Shri Justice )

V. M. KANADE )



A. S. AGUIAR )


) Applications.



: 2 :NAGPUR BENCH



K. J. ROHEE )


3. The Hon'ble Shri Justice ) First Appeals & Second A. V. MOHTA ) Appeals.

AURANGABAD BENCH

1. The Hon'ble Shri Justice ) Civil Writ Petitions.S. B. MHASE ) AND )

The Hon'ble Shri Justice )A. P. DESHPANDE )


3. The Hon'ble Shri Justice ) Criminal Appeals/ Writ V. G. MUNSHI ) Petitions/ Revision

) Applications.

While deciding the chronology of the Writ Petitions or appeals or

applications, the year of the institution of the suit shall be taken into account as a

criterion for giving preference.

High Court, Appellate Side } By Order,}} Sd/-

} (Mrs. M. R. Bhatkar)Bombay, 28th June, 2004. } Registrar (Judicial)





for final hearing chronologically, priority may be given to Supreme Court time bound

matters, matters of Senior Citizens and matters involving extra ordinary urgency or

extreme and severe hardship in the first session, without disturbing the directions


To enable hearing and final disposal of the matters mentioned in the above


assignment.

While deciding the chronology of the Writ Petitions or Appeals or

applications, the year of the institution of the suit shall be taken into account as



By Order,

High Court, Original Side )) Sd/-





PRACTICE NOTE NO. 19The Hon'ble the Acting Chief Justice has issued Practice Note No.17 as

follows:-


for final hearing chronologically, priority may be given to Supreme Court time boundmatters and matters of Senior Citizens and matters involving extra ordinary urgency or

extreme and severe hardship in the first session, without disturbing the directions


To enable hearing and final disposal of the matters mentioned in the above 3


assignments. However, since more than one Bench is assigned, the same category of

matters, Advocates and Parties-in-person may take out such applications before theBenches as given below:

BOMBAY BENCH



V. M. KANADE )



A. S. AGUIAR )


) Applications.



: 2 :NAGPUR BENCH



K. J. ROHEE )


3. The Hon'ble Shri Justice ) First Appeals & Second A. V. MOHTA ) Appeals.

AURANGABAD BENCH

1. The Hon'ble Shri Justice ) Civil Writ Petitions.S. B. MHASE ) AND )

The Hon'ble Shri Justice )A. P. DESHPANDE )


3. The Hon'ble Shri Justice ) Criminal Appeals/ Writ V. G. MUNSHI ) Petitions/ Revision

) Applications.

While deciding the chronology of the Writ Petitions or appeals or

applications, the year of the institution of the suit shall be taken into account as a




: 3 :

In continuation of the Practice Note No.17, the Hon'ble the Acting Chief

Justice directs that the matters falling in the 3 categories i. e. Supreme Court time

bound matters, matters of Senior Citizens and matters involving extra ordinary

urgency or extreme and severe hardship may be moved before the Bench taking up

admission work in the relevant categories, irrespective of year wise assignment before

the Bench as per Roster.


}} Sd/-} (Mrs. M. R. Bhatkar)

Bombay, 15th July, 2004. } Registrar (Judicial)




It has been observed by the Hon'ble the Chief Justice that large number of

matters are lying in the Branches as unready due to trivial objections. Hence, the

Hon'ble the Chief Justice is pleased to give the following directions to all the

Departments that:-

(i) The matters with the Civil Applications shall be treatedas ready for final hearing and placed before the Courtexcept the matters in which the Civil Applications forlegal heir is pending and in which other side is notserved.

(ii) The First Appeals and Second Appeals after R & P isreceived in which printing is not yet available shall

also be treated as ready for final hearing and placed before the Court so that the printing can be dispensed with directing Advocates for the Appellants to supply private paper books within the time limit so ordered by the Court. If private paper books are not supplied within the time granted, the matters will be placed before the Court for dismissal for non compliance.


Bombay, 4th August, 2004. } Registrar (Judicial)




The Advocates and parties appearing-in-person are hereby informed

that pursuant to the directions given by the Hon'ble the Chief Justice, whenever there

is Order passed by the Hon'ble Court in Writ Petitions for issuance of Notice against

the Respondent/s, the Advocate/s for the Petitioner/s and/or Petitioner/s in-person

shall give sufficient copies of the pleadings to the Registry and shall deposit a sum

sufficient to meet the costs of service by Registered Post A/D on each of the

Respondents ordered to be served and in cases where Petitioner's Advocates or the

Petitioner/s-in person request the Hon'ble Court for dasti (hamdast) service and, if the

Hon'ble Court allows such dasti (hamdast), then Registry shall prepare notice and

Petitioner's Advocate/s or the Petitioner/s-in-person shall give sufficient copies of the

pleadings to Registry and the Registry shall hand over sealed packet containing Notice

with copy of pleadings to the Petitioner's Advocate/s or the Petitioner/s-in-person who

shall at their cost, effect service thereof on the Respondents and file Affidavit of Service

in the Registry.

Dated this 17th day of June, 2005.

By Order,


) Sd/-





PRACTICE NOTE NO. 22 AS PER CORRIGENDUM DATED 06.12.2005


In order to ensure preparation of Daily/Weekly Boards before 4.45 p.m.and consequently delivery of Labai to the Hon'ble Judges by 5.30 p.m. in their

Chambers, the following instructions are issued to the Registry (Judicial).

1. Admission Board to be got settled from the respective Courts by the Associate /

Sheristedar by 2.00 p. m.

2. Balance Board to be followed by circulated and due matters.

3. Balance Board not to be printed for the next day, save and except a Note statingthat the balance matters from serial no. onwards will be taken up followed by

circulated matters.

4. The day on which circulation is granted, the circulated matters must be sent

to the Board Department on the same day before 2.00 p.m. When Circulation is

granted, the Department must trace the matter on the same day of circulation and

forward it to the Board Department without waiting till one day prior to the due

date.5. The matters which are taken up for admission and adjourned for the next day

must not be sent to Board Department, but should be retained with the Associate /

Sheristedar for being sent to the Hon'ble Judge directly.



: 2 :

6. No circulation be granted for the next day.

7. For final hearing matters - If the matter is adjourned to the next week/

s then only the matter must be sent to the Board Department. Otherwise, the

matter should be retained by the Associates / Sheristedar after making note on

the Farad that the matter is adjourned in the same week. He shall retain the papers

with him for being sent to the Hon'ble Judge.

8. Affidavits in reply should be filed two days prior to the returnable date of the

matter, as prescribed under Rule 11 of Chapter 17 of the High Court Appellate Side

Rules, 1960.


)

) Sd/-

Bombay, date 24th November, 2005) (A. J. Rohee)Registrar (Judicial – I)




N O T I C E

In supersession of directions issued under Practice Note Nos.15 and 15(A)

issued on 16.10.2003 and 11.11.2003 respectively, regarding presentation of appeals

and applications, the Hon'ble the Acting Chief Justice has been pleased to direct that

with immediate effect, the following procedure will be followed:-

1. The matters ( inclusive affidavit, reply) shall be


Section who shall scrutinize and examine the matter

on the same day.

2. In addition to the requirements specified in the High

Court, Appellate Side Rules 1960, the requirements

notified in previous Practice Notes and the present

one shall be complied with.


(a) the xerox copies annexed shall be legible.

(b) there shall not be underlines or markings


(c) when the Judgment, Order, G.R./Circular


advocate/party wants to rely on the judgment,

order, G.R./Circular which are not in English,



produced.



: 2 :

When the advocate/party wants to produce other documents

as relevant documents, the advocate/party shall give undertaking

that typed copies of translation in English of such relevant documents

shall be produced if required by the Court.

(d) the matter shall be presented with thick card board cover.

(e) the affidavit shall be in confirmity with rules framed in

Chapter III of Appellate Side Rules. The affidavit shall

contain the statements of fact which the declarant swears

or solemnly affirms.

(f) Affidavit, reply, rejoinder or sub-rejoinder shall not be

accepted unless it carries proper pagination. Pagination

shall be in continuation of petition, reply etc., already

filed.

4. No matter which has not been first filed in the office,

shall be brought before or presented to the Court.

No production will be allowed unless statement is

made in praecipe that the matter is filed in the office.


) Sd/-

Bombay, dt.10th August, 2006. ) (C. L. PANGARKAR)Registrar General.



PRACTICE NOTE NO. 24N O T I C E

In supersession of directions issued under Practice Note Nos. 15 and 15(A)

issued on 16.10.2003 and 11.11.2003 respectively, the Hon'ble the Acting Chief Justicehas been pleased to direct that with immediate effect, the following procedure will be

followed:-

1. All filing should be done strictly in accordance with

the requirements of the High Court Appellate Side

Rules, 1960 (“the Rules”) under which filing of no

matter can be rejected, except those specifically

provided for therein.2. The Registrars ( Judicial ), on presentation of a

matter, shall examine it in accordance with the

requirements of the Rules and notify the office

objections as prescribed therein.

3. The Registrars ( Judicial ) would adhere to the

requirements of the Rules and will not grant

liberal adjournments for removal of officeobjections. This be not read as any restriction

on their powers to grant time for removal of

office objections.

4. No matter will be listed before the Court unless

the circulation slip / praecipe contains the stamp

number of the matter.



: 2 :

5. When the judgment, order, Government Resolution

/ Circular under challenge is not in English and the

Advocate / party wants to rely thereon, the typed

English translation thereof shall be produced.

6. When the Advocate / party wants to produce other

documents as relevant documents, the Advocate /

party shall give undertaking that typed English

translation thereof shall be produced, if required

by the Court.

7. In addition to the requirements specified in the

High Court, Appellate Side Rules, 1960, the

requirements notified in previous Practice Notes

and the present one shall be complied with.







advocate/party wants to rely on the judgment

order, G.R./Circular which are not in English



produced.



: 3 :

When the advocate / party wants to produce

other documents as relevant documents, the

advocate / party shall give undertaking that


relevant documents shall be produced if required

by the Court.


board cover.





affirms.

(f) Affidavit, reply, rejoinder or sub-rejoinder shall

not be accepted unless it carries proper

pagination. Pagination shall be in continuation

of petition, reply, etc., already filed.

High Court, Appellate Side ) By order,

)

) Sd/-

Bombay,dt, 16th August, 2006. ) (C. L. PANGARKAR)Registrar General.



PRACTICE NOTE NO.25

In supersession of the directions issued under Practice Note No.5 dated

17th January, 1997, the Hon'ble the Acting Chief Justice has been pleased to direct that

with immediate effect, the following procedure will be followed:-

All Affidavits, i. e. Replies, Rejoinders, Sur-Rejoinders etc., shall not be

accepted unless they are properly paginated. The Pagination shall be in continuation

of Petition, reply etc., already filed.

The Advocates/Litigants should ensure that such pagination should be in

consonance with the pagination already given to the aforesaid documents which are

already filed in the Registry and to carry out the said pagination well in advance before

the matter appears on board to avoid inconvenience to the Hon'ble Court.

The Advocates/Litigants should serve the copy of the aforesaid documents

on the other side only after verifying the pagination given on the documents which are

already filed in the Registry so as to avoid the repetition of running page numbers.

By Order,

High Court, Original Side )) Sd/-) (Ms. A. Rodrigues)

Bombay, 25th September, 2006. ) Registrar (O. S.)/Prothonotary and Senior Master.



PRACTICE NOTE NO.26

The Advocates and parties appearing-in-person are hereby informed

that pursuant to the directions given by the Hon'ble Shri Justice Dr. D. Y.

Chandrachud, the Hon'ble Company Judge, the existing procedure of issuing Notices

u/s. 394(1) and 394A of the Companies Act, 1956 to the Official Liquidator and the

Regional Director respectively, through the Company Department is dispensed with

hereafter, such Notices shall be issued and served directly by the Advocate (s) for the

Petitioner(s)/ Applicant (s) and/or the parties appearing-in-person on the Official

Liquidator and the Regional Director.

They are further informed that in the Company Applications and Company

Petitions filed u/s. 391 to 394 of the Companies Act, 1956, i. e. in the Scheme matters it

is noticed that the following documents annexed to one Company Application filed by

the Transferee Company are repeatedly annexed to the Company Application /

Petition filed by the Transferor company (ies):-

(a) Copy of Memorandum & Articles of Association of Applicant/

Transferor Company.

(b) Copy of Memorandum & Articles of Association of Transferee/ Resulting Company.



: 2 :

(c) Copy of Audited Balance Sheet (of last financial year) of Applicant / Transferor Company.

(d) Copy of Audited Balance Sheet (of last financial year) of Transferee / Resulting Company.

(e) Copy of the Proposed Scheme of Arrangement / Amalgamation.

(f) Copy of the latest provisional / unaudited Balance Sheetof the Transferor / Demerged Company.

(g) Copy of the latest provisional / unaudited Balance Sheet

of the Transferee / Resulting Company.

Hence, in order to avoid duplication of documents and in order to save

space occupied by such documents, as per the directions of His Lordship it is decided

that henceforth while filing a Company Application / Petition in Scheme Matters, the

aforesaid documents shall be annexed to the Application / Petition filed by the

Transferee Company only and no such documents shall be annexed to the

Application / Petition filed by the Transferor Company. However, averments to thateffect is to be made in the Application / Petition filed by the Transferor Company. In

case the scheme of Arrangement / Amalgamation where only one Application /

Petition is filed, the current practice of enclosing all Exhibits will continue. They are

also informed that if the Transferee Company is situated in the



: 3 :

jurisdiction of the some other Court, in such a case the abovementioned documents are

to be annexed to the Company Application / Petition filed by the Transferor Company

(ies).


By Order,








pursuant to the directions of the Hon'ble Shri Justice Dr. D. Y. Chandrachud (the

Hon'ble Company Judge), they are required to furnish the following information (in

the tabular format) at the time of hearing of the Company Petitions filed under Section

78, 80, 100 to 105 and 391 to 394 of the Companies Act, 1956:-

(1) No. of Company Petition and connected Company Application/s.

(2) Introduction of the Petitioner Company.

(3) Nature of the Scheme (i.e. Amalgamation, Arrangement, etc.,)

(4) Purpose / Reasons of the Scheme.

(5) Name of the Transferor / Demerged Company.

(6) Name of the Transferee / Resulting Company.

(7) Compliance with the Statutory Requirements.

(8) Details of Meetings, Consents, service of individuals notices in

respect of Shareholders (Equity and Preference) and Creditors (Secured

and Unsecured)

(9) Objections, if any.

(10) Compliance with the statutory requisitions of the Regional

Director, Registrar of Companies and the Official Liquidator.



: 2 :

(11) Prayers to be approved.


By Order,


) (Ms. A. Rodrigues)

Bombay. ) Registrar (O. S.)/Prothonotary and Senior Master.



Practice Note No. 28

As per the directions given by the Hon'ble the Chief Justice, IT IS HEREBY

NOTIFIED for the information of Advocates and parties appearing-in-person that,

before moving for circulation / production, by way of praecipe, in the matter in which

the presence of the Court Receiver is required, they should invariably give 48 hours

written notice to that effect to the Office of the Court Receiver.

They are further informed that in such case of extreme urgency, they should give

at least 2 hours notice to the office of the Court Receiver.

The aforesaid directions should be followed strictly to enable the Office of the

Court Receiver to assist the Hon'ble Court.

By Order,

HIGH COURT, ORIGINAL SIDE, ))) (MS. A. RODRIGUES)

BOMBAY, FEBRUARY, 2009 ) REGISTRAR, ORIGINAL SIDE, /) PROTHONOTARY AND SENIOR MASTER

Documents

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