PRACTICE NOTES

1 Advocates and parties appearing in person should submit the 06/11/95

O. S. synopsis duly signed alongwith Appeal and Writ Petition.
They should also file fresh synopsis at the time of final hearing
of Appeal & Writ Petition.

2 Advocates and parties appearing in person should invariably 10/04/96

O. S. file appearance, as per the format given, as and when the
matter is called out in Court for admission/ hearing, with
the Court Associate/ Sheristedar.

3 Advocates and parties appearing in person should submit the 10/04/96

O. S. Requisition Slip of Acts, Rules and Law Reports at least one
hour before the case is expected to reach hearing to the Court
Associate/ Sheristedar.

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

O. S.

5 a) Affidavit in the proceeding should be got paginated before 17/01/97

O. S. placing the same before the Court.
( The same is for Advocate)
b) 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 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 in
terms of prayers (a) etc., that entire prayer/s should be
reproduced in the order/minutes of the order.
(Separate office order instructing the P.A./Steno is issued).
(Please see Practice Note No. 25)
6 As and when urgent application and/or exparte application is 19/02/97
O. S. moved for ad-interim or interim relief, Advocate and parties
appearing in person should give 48 hours written notice of
such urgent application to the other side. They should also
file a praecipe setting out the grounds of urgency and should
submit the same to the Registry alongwith the proof of
service.
 7 Pursuant to the insertion of section 260A in the Income Tax 30/09/98
O. S. Act, 1961, Section 27A in the Wealth Tax Act, 1957 and
application of proceedings under the Gift Tax Act, 1958 by the
Finance (No.2) Act, 1998 w.e.f. 1st October, 1998, the following
practice-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 including
applications, Notice of Motion etc., arising therefrom shall be
placed for admission and/or hearing before the Division
Bench dealing with tax references.
c) Memo of Appeal in such appeal should be in conformity
with the requirement 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, documents, earlier
order cited before Tribunal should also be annexed.

8 In supersession of the Practice Note No.4 dated 24.4.96, the 31/07/99

O. S. 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.

9 Advocates and parties appearing in person are directed to 19/06/00

O. S. annex sufficient order sheets/proforma to the applications viz.
Notice of Motion/ Chamber Summons/ Summons for
Judgment etc., while registering, for recording the orders
passed on such applications.

10 All Income Tax Appeals u/s. 260 A of the Income Tax Act 1/08/00
O. S. 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. AND that all such I.T. 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.
 11 The Office is directed to accept xerox copies of documents 01/06/01
O. S. annexed to Plaints, Written Statements, Petitions, Appeals,
Affidavits etc., provided the said copies are clear, legible and
unmarked.

12 The Hon'ble Judge taking Company matters will continue to 14/11/02

O. S. 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.

13 This Practice Note is discontinued w.e.f. 13.7.2004 by Notice 09/12/02

O. S. dated 12th July, 2004.

14 Procedure in respect of Circulation/ Production for interim or 22/09/03

A. S. ad-interim relief etc.

i) it should be mentioned in praecipe that all office objections

are removed.
ii) 48 hours written notice be given
iii)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 the
next date of granting of ad-interim relief by Fax/ Speed
Post/ Telegram/ Reg. A. D. specifically informing the
returnable date ................... If such notice is not given and
affidavit of service is not filed, the matter will be dismissed
for default.
vi)Aforesaid procedure will not preclude the court from
granting in appropriate cases ad-interim relief without
following aforesaid procedure.
vii)If false statement is found to be made in
circulation/production praecipe or proper steps are not
taken, the matter may be dismissed for default and heavy
cost may be imposed on the applicants.
 15 This Practice Note pertains to the procedure in respect of the 16/10/03
A. S. Rules framed under the Bombay High Court, Appellate Side
Rules, 1960 regarding the presentation of Appeals and
Applications.
15-A 11/11/03
In partial modification of Practice Note 15 – when Judgment,
A.S. Order, G.R./Circular under challenge is not in English, typed
copies of translation in English of such judgment, orders, etc.,
shall be produced.

15-B This Practice Note pertains to the procedure in respect of 24/02/04

A. S. filing of Civil Appeals and Revisions in this Court when the
Decree is not prepared by the Trial Court of the First
Appellate Court.

16 Assignment of Judicial Work to various Benches by the 28/04/04

A. S. 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 can not be heard by a Bench so constituted for
hearing such category of matters, the Registry shall
specifically seek directions of the Chief Justice. This Practice
Note shall apply to part-heard matters also.

17 While taking up the matters for final hearing chronologically, 28/06/04

A. S. priority may be given to Supreme Court time bound matters
involving extra ordinary urgency or extreme and severe
hardship, in the first session. While deciding the chronology
of the matters, the year of the institution of the suit shall be
taken into account as a criterion for giving preference.

18 While taking up the matters for final hearing chronologically, 06/07/04

O. S. priority may be given to Supreme Court time bound matters
involving extra ordinary urgency or extreme and severe
hardship in the first session. While deciding the chronology
of the matters, the year of the institution of the suit shall be
taken into account as a criterion for giving preference.
 19 This Practice Note pertains to the procedure in respect of 15/07/04
A. S. expediting the Supreme Court time bound matters, matter of
Senior Citizens and matters involving extra ordinary urgency
etc., before the respective Hon'ble Courts.

20 (i)The matters with the Civil Applications shall be treated as 04/08/04

A. S. ready for final hearing and placed before the Court except
the matters in which the Civil Applications for legal heir is
pending and in which other side is not served.
(ii)The First Appeal and Second Appeals after R & P is
received 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.

21 Whenever there is Order passed by the Hon'ble Court in Writ 17/06/05

O.S. Petitions for issuance of Notice against the Respondents,
Advocate for the Petitioner/s 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 Regd.
A.D. on each of the Respondents ordered to be served and in
cases where Hamdust is granted, then Petitioner's Advocate/s
or Petitioner in-person shall give sufficient copies of the
pleading to Registry and the Registry shall hand over sealed
packet containing Notice with copy of pleading to the
Petitioner's Advocate or the Petitioner in-person who shall at
their cost, effect service thereof on the Respondent and file
Affidavit of Service.
22 Instruction to the Registry in order to ensure preparation of 24/11/05
A.S. 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
Lordships' Chamber.
23 In supersession of directions issued under Practice Note 10/08/06
A.S. Nos.15 and 15 (A) issued on 16.10.2003 and 11.11.2003
respectively, procedure is described in respect of scrutiny of
documents filed with the Registry (A.S.)
24 In supersession of directions issued under Practice Note 16/08/06
A.S. Nos.15 and 15 (A) issued on 16.10.2003 and 11.11.2003
respectively, procedure is described in respect of filing which
should be in accordance with requirements of the High Court
Appellate Side Rules, 1960.
25 In supersession of Directions under Practice Note No. 5 dated 25/09/06
O.S. 17.1.1997 – All Affidavits shall not be accepted unless they are
properly paginated. Advocates/Litigants should ensure the
same.

26 (i) The existing practice of issuing Notices u/s. 394(1) and 31.10.07
O.S. 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;
and
(ii) Henceforth, while filing a Company Application/ Petition
in scheme matters (u/s. 391 to 394), the documents
mentioned 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.

27 At the time of hearing of the Company Petitions filed u/s. 78, 31.10.07
O.S. 80, 100 to 105 and 391 to 394 of the Companies Act, 1956, the
Advocates and parties appearing in person are required to
furnish the information in tabular format as mentioned in the
said Practice Note.