1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUMMARY SUMMARY SUMMARY SUIT SUIT SUIT NO. 3107 OF 1995 NO. 3107 OF 1995 NO. 3107 OF 1995 Central Central Central Bank of India Bank of India Bank of India ...... Plaintiff Plaintiff Plaintiff vs vs vs M/s M/s M/s Rohit Rohit Rohit Enterprises & anr.. Defendants Enterprises & anr.. Defendants Enterprises & anr.. Defendants None None None for for for Plaintiff Plaintiff Plaintiff CORAM CORAM CORAM : : : A.S.OKA, A.S.OKA, A.S.OKA, J J J DATED DATED DATED : : : 10th 10th 10th September, 2007 September, 2007 September, 2007 P.C. P.C. P.C. 1.1.1. When the suit was listed on board on 6th When the suit was listed on board on 6th When the suit was listed on board on 6th September, September, September, 2007 none appeared for the plaintiffs. 2007 none appeared for the plaintiffs. 2007 none appeared for the plaintiffs. ItItIt was found that though the writ of summons was was found that though the writ of summons was was found that though the writ of summons was served served served and though the defendants had entered and though the defendants had entered and though the defendants had entered appearance appearance appearance in the year 1995, Summons for Judgment in the year 1995, Summons for Judgment in the year 1995, Summons for Judgment has has has not been taken out. Therefore, the suit was not been taken out. Therefore, the suit was not been taken out. Therefore, the suit was ordered ordered ordered to be listed for dismissal. Today, when to be listed for dismissal. Today, when to be listed for dismissal. Today, when the the the suit is called out, none appeared for the suit is called out, none appeared for the suit is called out, none appeared for the plaintiffs. plaintiffs. plaintiffs. 2.2.2. Suit is dismissed for non prosecution. Suit is dismissed for non prosecution. Suit is dismissed for non prosecution. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J) 2