In an ordinary original civil suit settled on issues, the court dismissed the suit for non-prosecution. The plaintiffs sought an adjournment despite a prior order stating no further time would be granted and the affidavit was not ready.
Suit dismissed for non-prosecution.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.1912 OF 1986
M/s.Banwarilal Pramodkumar
The Oriental Insurance Co.Ltd.
...Plaintiffs
vs.
M/s.Samta P.Ltd.
The Board of Trustees of the
...Defendants
Ms S.P.Dwivedi i/b P.N.Sadarangani for the Plaintiffs
Mr.Parag Khandhar with Mr.U.J.Makhija i/b M/s.Mulla &
Mulla for the Defendant No.2.
CORAM: A.S.OKA,J.
DATE : OCTOBER 8,2007
P.C.:
1. Heard learned counsel for the plaintiffs. On 6th August
2007, the issues were settled and the plaintiffs were directed
to file affidavit in lieu of evidence of their witness and
original documents. On 10th September 2007, an adjournment
was granted to the plaintiffs till 21st September 2007. On
21st September 2007, the learned counsel for the plaintiffs
specifically sought two weeks’ time. The order passed on that
day records that adjournment was granted till 8th October 2007
and that no further time will be granted to the plaintiffs.
The plaintiffs were directed to serve a copy of affidavit in
lieu of evidence of their witness to the Advocate for the
defendants one week in advance.
2. The learned counsel for the plaintiffs states that the
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affidavit is not yet ready and the Advocate on record has
received a fax message dated 6th October 2007 instructing the
Advocate on record to apply for adjournment.
3. In this suit of the year 1986, sufficient accommodation
has already been granted to the plaintiffs. In fact by order
dated 21st September 2007, while granting adjournment to the
plaintiffs, it was made very clear that no further time will
be granted. Hence, prayer made by the counsel for the
plaintiffs cannot be acceded to and the suit is dismissed for
non prosecution.
JUDGE
1 issue framed by the court
Whether the suit can be adjourned further given that sufficient time has already been granted and a prior order restricted further time.
M/s Banwarilal Pramodkumar and The Oriental Insurance Co. Ltd.
M/s Samta P. Ltd. and The Board of Trustees of...
A.S.Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court