The High Court of Bombay at Bombay disposed of Suit No. 2937 of 2004 by dismissing it for non-prosecution. The plaintiff failed to appear on multiple dates and did not appear when the suit was called on 26 August 2013.
Suit dismissed for non-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.
s-2937.04.doc
ppn 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.2937 OF 2004
Tulsidas V. Patel Pvt. Ltd. .. Plaintiff Vs. Subhash Salvi & Ors. .. Defendants
None for the plaintiff.
Mr. Milind More, AGP for defendant nos. 3 & 4.
CORAM : N.M. JAMDAR, J. DATE : 26 AUGUST 2013
P.C. :
. On 19 August 2013, the following order came to be passed :-
“ The suit appeared before the Official Assignee on following dates -
20 October 2008, 5 February 2009, 31 March 2009, 16 April 2009, 27 April 2009, 18 June 2009, 3 July 2009.
On these dates plaintiff and it’s counsel were absent. Today also when the suit is called out none appears on behalf of the plaintiff.
2. The suit is filed seeking permanent injunction against the defendants including the State of Mahashtra. The ad-interim relief was refused which order was confirmed subsequently by order dated 11 March 2005. The ad-interim relief was refused on the ground that the plaintiff is not in possession of the suit property.
3. None appears for the plaintiff. However, to give last opportunity to the plaintiff S.O. to 26 August 2013, to be placed under the caption ‘for dismissal’.”
ppn 2 s-2937.04.doc
out. Suit is dismissed for non-prosecution.
N.M. JAMDAR, J.
1 issue framed by the court
Whether the suit should be dismissed for non-prosecution due to the plaintiff's repeated absence?
N.M. JAMDAR
S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
