The suit stands dismissed for want of prosecution. The Plaintiff's counsel stated that service of notice failed because the Plaintiff's address returned undelivered and the Plaintiff had not instructed counsel, indicating no intent to pursue proceedings.
Suit stood dismissed for want of prosecution.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.
SUIT NO.2689 OF 1998
Smt.Pramila Vasant Nimkar. Vs. BEST Undertaking & Anr.
...Defendants.
Mr. S.B. Prabhavalkar for the Plaintiff. Ms.Kavita Anchan i/b. M.V. Kini & Co. for the Defendant.
CORAM : DR.D.Y.CHANDRACHUD, J. September 9, 2009 .
P.C.
On 22nd July 2009, the Plaintiff was directed to file an
affidavit in lieu of the Examination-in-Chief and a compilation of the documents by 9th September 2009. The Learned Advocate appearing on behalf of the Plaintiff states that a letter addressed to the Plaintiff on the address shown in the cause title of the Plaint has been returned undelivered and that the Plaintiff had made no efforts to instruct or contact the Advocate which shows that the Plaintiff has no interest to pursue these proceedings. In view of the statement made before the
Court, the suit shall stand dismissed for want of prosecution.
Smt.Pramila Vasant Nimkar
BEST Undertaking & Anr
Dr.D.Y.Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
