The court dismissed a summary suit filed by the B.E.S.T. Undertaking for want of prosecution after finding that the writ of summons was not served on the defendants for nine years.
Suit dismissed for want of prosecution.
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Nitin
929-SS-1014-2005
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 1014 OF 2005
The B.E.S.T. Undertaking … Plaintiff
Versus Uttar Pradesh Cooperative Spinning Mills Federation Limited & Others. … Defendants
Ms. Savita Ganoo a/w. Ms. Radha H. Bhandari i/b. M.V. Kini & Co. for Plaintiff
None for Defendants
CORAM: S.J. KATHAWALLA, J. DATE: 19TH JUNE, 2014
P.C.:
The above Suit is filed by the Plaintiff in the year 2005. However, the Writ of Summons is admittedly not served on the Defendants in the last nine years. The reason given is that some Writ Petition involving the same issue was pending. The Plaintiff-B.E.S.T. Undertaking has several Suits/Cases pending before various Courts. The Plaintiff and their Advocates are well aware that once a Suit is filed the Plaintiff is bound to serve the Writ of Summons on the Defendants as provided under the Civil Procedure Code, 1908 (CPC). In view thereof, the Suit is dismissed for want of prosecution.
( S.J.KATHAWALLA, J. )
1 issue framed by the court
Whether the suit should be dismissed when the writ of summons has not been served for nine years due to pending related litigation.
1 provisions across 1 enactments
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
