This suit for compliance failure is dismissed as the plaintiff failed to file required documents by the extended deadline of 18th August, 2009, per earlier orders.
Suit dismissed for failure to comply with order to file compilation of documents or affidavit in lieu of examination in chief.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O. O. C. J.
SUIT NO.2626 OF 1997
Citibank N.A.
..Plaintiff.
Vs.
Mohammed Yusuf Merchant
..Defendant.
Mr. S.K. Chari i/b M.V. Kini & Co. for the Plaintiff. None for the Defendant.
CORAM : DR. D.Y. CHANDRACHUD, J.
24th August, 2009.
P.C. :
Despite the previous orders of this Court dated 7th July, 2009 and 28th July, 2009 the Plaintiffs have not filed a compilation of the documents or an affidavit in lieu of the examination in chief. In the last order the Court had made it clear that the time for compliance has been extended until 18th August, 2009 failing which the suit shall stand dismissed without further reference to the Court. As a matter of fact the suit stands dismissed for failure of compliance. Ordered accordingly.
1 issue framed by the court
Whether the suit shall be dismissed for failure to comply with the order to file a compilation of documents or affidavit in lieu of examination in chief by the extended deadline?
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
