The High Court of Bombay dismissed a suit for want of prosecution as the Plaintiff failed to comply with the order dated 20th October 2011 after the court granted an adjournment as a last chance.
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.
1 17.s-132-01
I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
jmi
SUIT NO. 132 OF 2001.
Pearson Education Asia Pte Limited. vs.
Vidya Saxena & Ors.
..Plaintiffs.
..Defendants.
Mr. A. Davar, i/b. M.S. Motiwala, for Plaintiffs. None for Defendants.
CORAM : S.J. KATHAWALLA, J. DATE : 21ST DECEMBER 2011.
P.C. :
On 8th December 2011, the following order was passed :
“ The Plaintiffs have not complied with the order dated 20th October 2011 till date. The Suit therefore, deserves to be forthwith dismissed. However, as a last chance and only by way of indulgence and at the request of the learned Advocate for the Plaintiffs, the matter is adjourned to 21st December 2011 to comply with the order dated 20th October 2011. However, it is clarified that if the order is not complied with by the adjourned date, the Court shall be constrained to dismiss the Suit.”
[ S.J. KATHAWALLA, J. ]
1 issue framed by the court
Whether the suit should be dismissed for want of prosecution due to non-compliance with the order dated 20th October 2011.
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
