Suit and counter claim filed under ordinary original civil jurisdiction were dismissed for non-prosecution due to lack of evidence with the official liquidator after plaintiff expressed unwillingness to proceed owing to defendant's liquidation.
Suit dismissed for non-prosecution and court fee refund as per rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 1352 of 1979
Fibreglass Pilkington Ltd. .. Plaintiff
versus
A.P.V. Equipment Co.Ltd. .. Defendants
Ms.Sharma i/b Crawford Bailey & Co. for the
plaintiff.
Mr.B.B. Parekh for the defendant.
Mr.U.S. Patole, Asstt. Official Liquidator present.
CORAM : D.G. KARNIK,J.
DATED : 7th July 2005.
P.C.:
1. Heard learned counsel for the parties.
2. Learned counsel for the plaintiff states
that in view of the fact that the defendant Company
has gone in liquidation, it does not wish to proceed
with the suit. The defendant Company had made a
counter claim. Learned Official Liquidator who is
representing the Company now states that the
Liquidator has no documents to prove the counter
claim and therefore seeks leave to withdraw the
counter claim also. He submits a written report to
that effect.
3. For the reasons stated in the said report,
it would be appropriate to permit the liquidator to
withdraw the counter claim especially because there
is no evidence available with the Official
Liquidator. Hence, suit of plaintiff is dismissed
for non prosecution. Counter claim made by the
defendant is also dismissed for non prosecution.
4. Issue court fee refund as per rules.
D.G. KARNIK, J
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court