Dismissed
Airbome Express (I) Pvt. Ltd. v. Mr. Kingsly
Bombay HCSS/2112/2003
Case brief
from the order text
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COURT OF JUDICATURE AT BOMBAY O. O. C. J.…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O. O. C. J.
SUMMARY SUIT NO. 2112 OF 2003
Airbome Express (I) Pvt Ltd. ..Plaintiffs Vs.
Mr. Kingsly ..Defendant
None present for the parties.
CORAM: DR. D.Y. CHANDRACHUD, J.
8th October, 2009.
P.C. :
The Summary Suit under Order XXXVII of the Code of Civil Procedure was filed in 1998. No steps have been taken for taking out the Summons for Judgment. Accordingly, the suit has been set down for dismissal under Rule 227 of the High Court Original Side Rules and was notified on the notice board of the Prothonotary & Senior Master on 31st August 2009. There is a manifest neglect and failure on the part of the Plaintiff to comply with the provisions of Chapter XIV of the Rules. In the circumstances, the suit is dismissed under Rule 227 of the High Court Original Side Rules.
(Dr. D. Y. Chandrachud, J)
1 issue framed by the court
Whether a summary suit filed in 1998 without taking summons for judgment should be dismissed for manifest neglect under Rule 227 of the High Court Original Side Rules.
AIRBOME EXPRESS (I) PVT LTD.
MR. KINGSLY
DR. D.Y. CHANDRACHUD
As recorded by the court registry
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