In a summary suit, the plaintiff sought to settle but failed to comply with final court orders. The court dismissed the suit for want of prosecution after the plaintiffs remained unavailable and provided no instructions.
Suit 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.836 OF 1984
Advani Oerlikon Ltd. And another
..Plaintiffs.
Vs.
Air France ..Defendant.
Ms. Uma Kabra i/b Narichania & Narichania for the Plaintiffs. Mr. Umang Jain with Mr. H. Rehman i/b M/s. D.H. Law Associates for the Defendant.
CORAM : DR. D.Y. CHANDRACHUD, J.
13th August, 2009.
P.C. :
Issues were framed on 23rd October, 2008 and the Plaintiffs were
directed to file their affidavit in lieu of the examination in chief together with the original documents by 8th December, 2008. Thereafter on 8th December, 2008 an adjournment was sought. On 23rd April, 2009 the Court recorded that the Plaintiffs’ counsel had stated that her instructions were that an attempt was being made to settle the suit. However, the
Court was informed by counsel appearing on behalf of the Defendant
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that his instructions were that no such proposal has been received. In the circumstances, by the order dated 23rd April, 2009 a last and final opportunity was granted to the Plaintiffs to comply with the previous order dated 23rd October, 2008, failing which it was stated that the Court would be constrained to dismiss the suit for want of prosecution. Counsel appearing on behalf of the Plaintiffs states that a letter was addressed to the Plaintiffs seeking instructions but it has been returned since the Plaintiffs are not available at the address. The Court has been informed that no instructions have been forthcoming from the Plaintiffs. In these circumstances, the Court is constrained to dismiss the suit for want of prosecution.
1 issue framed by the court
Whether the suit should be dismissed for want of prosecution due to non-compliance with court orders.
Advani Oerlikon Ltd.
another
Air France
D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
