The single-judge bench dismissed a suit because the plaintiff failed to appear despite their counsel's efforts to obtain instructions, treating the lack of response as desertion of the suit.
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.
S 1432 of 1995 (917)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.1432 OF 1995
Intra Hotels Pvt. Ltd. .....Plaintiff versus Sky Build Pvt. Ltd. .....Defendant
Mr. N.K.Mudnaney, for Plaintiff. None for Defendant.
CORAM: S.J.KATHAWALLA, J.
DATE: 4th APRIL, 2014
P.C. :
“The learned Advocate for the Plaintiff tenders draft issues. He has informed the Court that he has repeatedly called upon the Plaintiff to give him instructions in the matter. However, the Plaintiff is not coming forward to give any instructions. The learned Advocate for the Plaintiff has also produced his letter dated 14-02-2014 sent by Speed Post A.D. to the Plaintiff,. He submits that he has neither received any acknowledgment through the Post Office, nor has he received any response from the Plaintiff. He submits that some more time be given to him to receive instructions from the Plaintiff, failing which he shall be withdrawing his appearance in the matter. In view thereof, stand over to 04-04-2014, first on board”.
Court that the Plaintiff has not come forward to give him any instructions
in the matter and therefore, he is unable to assist the Court in any manner.
1/2
ssp
S 1432 of 1995 (917)
It is therefore, clear that the Plaintiff is not interested in pursuing with the
Suit. The above Suit is therefore, dismissed for want of prosecution.
( S.J.KATHAWALLA, J. )
2/2
ssp
1 issue framed by the court
Whether the suit ought to be dismissed for want of prosecution due to lack of instructions from the plaintiff.
S.J.Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
