The High Court of Judicature at Bombay dismissed Suit no.2195 of 1987 for want of prosecution as the Plaintiff failed to comply with directions to produce documents and file affidavits despite final reminders.
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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.
SUIT NO.2195 OF 1987
Mrs.Vrinda Balkrishna Kalelkar. ...Plaintiff. Vs. Jaisukhlal Govindji Shah & Ors. ...Defendants.
...Defendants.
Mrs.Swati Deshpande i/b. M.S. Bodhanwalla & Co. for the Plaintiff. Mr. Y. V. Divekar for Defendsant No.3. Mr. P.G. Lad, AGP for the State.
CORAM : DR.D.Y.CHANDRACHUD, J.
September 8, 2006 .
P.C.
On 14th July 2006, this Court directed the Plaintiff to produce all the original documents and to file affidavits of witnesses in lieu of Examination-in-Chief within a period of two weeks. The order of the Court records that considering the nature of the suit, it was not appropriate to pass a decree under Order 8 Rule 10 of the Code of Civil Procedure, 1908. On 24th August 2006, this Court noted that the direction contained in the previous order has not been complied with. As and by way of a last and final opportunity, on the request of Counsel appearing for the Plaintiff, the hearing of the suit was adjourned by two weeks.
2
Today when the matter was called out, Counsel appearing on behalf of the Plaintiff stated that though the Plaintiff has been informed of the previous orders of this Court, no instructions have been forthcoming. The suit is dismissed for want of prosecution.
Mrs.Vrinda Balkrishna Kalelkar
Jaisukhlal Govindji Shah & Ors.
DR.D.Y.CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
