This suit was dismissed for want of prosecution after the plaintiffs failed to respond to court orders directing them to file affidavits within the stipulated time.
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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S 1069 of 2001
ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.1069 OF 2001
Klen and Marshalls MFRS and Exporters Ltd. .....Plaintiff versus Bank of Tokyo Mitsubishi Ltd. .....Defendant
Mr.Durgesh Khanapure i/by India Law Alliance, for the Plaintiff. Ms.Sowmya Srikrishna a/w Mr.Arun Siwalh, Ms.Parul Kumar i/by Amarchand & Mangaldas and Suresh A. Shroff and Co., for the Defendant.
CORAM: S.J.KATHAWALLA, J.
DATE: 25th JANUARY 2012
P.C. :
framed in the above Suit and the Plaintiffs were directed to file Affidavit of Evidence and Affidavit of Documents on or before 10th October 2011. Since the Plaintiffs failed to comply with the said directions given, on 11th October 2011, the following Order was passed :
“Parties have not complied with the order passed by this Court dated 26th September, 2011 till date. This calls for immediate dismissal of the Suit. However, as a last chance and only by way of indulgence, parties are directed to comply with the order dated 26th September, 2011 on or before 8th November, 2011, failing which the Suit will be dismissed.
2. Stand over to 8th November, for directions.
Learned Advocate appearing for the Plaintiffs informed the Court that the
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S 1069 of 2001
ssp
plaintiffs are not responding to his request for instructions in the matter. In view thereof, it is clear that the Plaintiffs are not interested in pursuing the Suit. The Suit is therefore, dismissed for want of prosecution.
( S.J.KATHAWALLA, J. )
1 issue framed by the court
Whether the suit should be dismissed for want of prosecution due to the plaintiffs' failure to comply with court orders?
S.J.KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
