The suit listed for dismissal under Rule 227 was dismissed for want of prosecution. The court noted the Defendant failed to deposit the required amount and the Plaintiff's counsel provided no further instructions after futile efforts to contact them.
The suit is dismissed for want of prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O. O. C. J.
SUMMARY SUIT NO.2164 OF 1998
Banaras House Ltd.
Vs.
Okay Textiles ..Defendant.
Ms K. Anchan i/b M/s. M.V. Kini & Co. for the Plaintiff. None for the Defendant.
CORAM : DR. D.Y. CHANDRACHUD, J.
10th August, 2009.
P.C. :
The suit has been listed for dismissal under Rule 227 of the High Court (Original Side) Rules. On the request of the learned advocate appearing on behalf of the Plaintiff, the hearing was adjourned on 9th , 16th , 23rd , 27th and 28th July, 2009. The office has placed a report dated 24th July, 2009 of the Prothonotary stating that the Defendants have not deposited the amount in accordance with the conditional order dated 3rd December, 2001. Counsel appearing on behalf of the Plaintiff states that though all efforts have been made to contact the Plaintiff, these efforts
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have been futile and no instructions are forthcoming to pursue the proceedings. In these circumstances, the suit is dismissed for want of prosecution.
3 issues framed by the court
Whether to dismiss the suit under Rule 227 for want of prosecution due to non-deposit of amount and lack of instructions
Whether the dismissal for want of prosecution follows given futile efforts to contact the Plaintiff
Whether the Defendant's failure to deposit amounts under conditional order supports the dismissal
1 provisions across 1 enactments
Banaras House Ltd.
Okay Textiles
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
