Southern Asbestos Cement Ltd. Vs the B.P.T. of… — Civil Procedure and Limitation | Bombay HC (2009)

Southern Asbestos Cement Ltd. Vs the B.P.T. of… — Civil Procedure and Limitation | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT NO. 2870 OF 1984

Southern Asbestos Cement Ltd.

... Plaintiffs.

V/s.

The Board of Trustees of the Port of Bombay.

... Defendants.

Mr. D.V. Deokar i/b. Thakordas & Madgaonkar for the Plaintiffs.

Mr. P. Khandhar i/b. M/s. Mulla & Mulla & CBC for the Defendants.

CORAM : S.C. DHARMADHIKARI,J.

16TH FEBRUARY 2009.

P.C. :

Mr. Deokar, learned Advocate appears for the

. Plaintiffs	. and	, states	that	notice	has	been	given	only	of
today’s	date.	The	Not	ice	also	specified	that	if	no
instructions	are	receiv	ed	from		the	Plaintiff	s,	the
Advocates	will	apply	for	di	scharge	from	the	pro	ceedings.
The	Notice	is recei	ved	by	M/s.	Ramco	Indus	tries	Limited,
which	is a	new	name	of	the Pla	intiffs.	There	is	an
acknowledg	ment on	record.		In	these	circum	stances	and	when
none	appears	for	the	Plainti	ffs,	M/s.	Tha	kordas	and

Madgaonkar, Advocates are discharged as Advocates for the

Plaintiffs.

None appears for the Plaintiffs when the matter was

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called	o	ut.		The	Plainti	ffs	have	been	absent	on	earlier
occasion		also.		They	have	not	take	n any	steps	to	proceed
with	the	Suit.		The	Writt	en	Statem	ent was	als	o filed	after
24	years		from	the	date	of	the	institution	of	the	Suit.
However,		the		Plaintiffs	do	not	se	em to	be	interested	in

the proceeding with the case. The Suit is, accordingly,

dismissed for want of prosecution. No costs.

(S.C. DHARMADHIKARI,J.)