Suit dismissed for non-prosecution as the plaintiff appeared absent on the date fixed for dismissal after failing to engage counsel.
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.
S2951-03.doc
Sequeira
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 2951 OF 2003.
La Cure Pharmaceuticals Limited .. Plaintiff Vs
Oriental Insurance Company Limited (Subsidiary of General Insurance Corporation of India). .. Defendant
None appeared.
CORAM: N.M.JAMDAR, J. Monday 2 September, 2013
P.C.:
On 12 August 2013, following order came to be passed.
' On 21 June 2013, the following order came to be passed:-
“Learned Advocate appearing for the plaintiff states that in absence of any instructions from clients, Advocates are unable to proceed and seeks to take discharge .
2. Learned Advocate to follow appropriate procedure in that regard within two weeks from today. Adjourned to 22nd July 2013.”
The matter was again placed on board on 22 July 2013 and the following order came to be passed. “By order dated 21 June 2013 the statement of the learned counsel for the plaintiff that they would be seeking discharge from the case was recorded and the matter was adjourned for a period of two weeks. The learned counsel states that notice has been issued to the plaintiff accordingly which has been duly
2
S2951-03.doc
acknowledged by the plaintiff. To enable the learned counsel to complete formalities as regards discharge, S.O to 5 August 2013, to be placed under the caption “for dismissal”.
3. The learned Counsel appearing for the plaintiff will give a notice of the next date of hearing to the plaintiff. The notice to indicate that the matter will be placed for dismissal. If no arrangement is made by the plaintiff to represent itself, the suit may be dismissed for non-prosecution”.
The matter is placed for dismissal, none appears for the plaintiff. The suit is dismissed for non-prosecution.
N.M.JAMDAR, J.
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
