In Suit No. 1454 of 2001, the Bombay High Court dismissed the plaintiff's suit for want of prosecution. The court noted repeated non-appearance of parties, failed service due to a shifted office, and lack of prosecution.
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.
1 3.s-1454-01
I N THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
jmi
SUIT NO. 1454 OF 2001.
M/s. Jesons Corporation. ..Plaintiffs.
vs.
M/s. Comet Tapes Private Limited. ..Defendants.
None for Plaintiffs. None for Defendants.
CORAM : S.J. KATHAWALLA, J. DATE : 17TH NOVEMBER 2011.
P.C. :
The above Suit was placed before this Court on 18th October 2011 for framing of issues. However, none appeared for the parties. The Suit was therefore placed for dismissal on 20th October 2011. However, on 20th October 2011, this Court was informed by some of the Advocates present in Court that Advocate Shri M.N. Bansal who was earlier appearing for the Plaintiff has expired. The Office was therefore directed to give notice to the Plaintiffs informing them that their Advocate on record Shri M.N. Banal has expired and that the Suit is placed for framing of issues on 9th November 2011. Office was directed to further inform the Plaintiffs that if they fail to remain present on the adjourned date, the Court would be constrained to dismiss the Suit.
2 3.s-1454-01
by the Section Officer dated 8th November 2011 wherein it is recorded that the Office Delivery Peon has returned the notice to the Court office with the remark “the Office of the said addressee has been shifted.”. In view thereof, Court is constrained to dismiss the Suit for want of prosecution.
[ S.J. KATHAWALLA, J. ]
1 issue framed by the court
Whether the suit shall be dismissed for want of prosecution as the parties failed to appear and the office of the plaintiff has been shifted.
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
