- 1 - 4.s.3777.92 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3777 OF 1992 M/s.Metal Alloys Industries ..Plaintiff -Versus- M/s.Shah & Mehta & Ors. ..Defendants .......... Mr.Anupam Surve i/by Haresh mehta & Co. for the Plaintiff. Mr.Kirit Mody i/by Bankim Desai & Co. for Defendant Nos. 1 to 3. Mr.C.D.Patel for Defendant No.4. .......... CORAM : S.J. KATHAWALLA, J. DATE : 22ND MARCH 2011. P.C. 1 This matter was transferred to the list of undefended Suits by an order dated 17th July 1997 when the Advocate for the Plaintiffs was present. Thereafter, the Plaintiffs did not bother to pursue the above Suit and obtain an ex-parte decree for 13 long years. On 18th January 2011, the Suit appeared for ex-parte decree when the Plaintiffs were not ready with the evidence and/or the documents. This Court therefore directed the Plaintiffs to file Affidavit in lieu of the evidence and the compilation of documents directly in Court on 22nd February 2011. It was - 2 - 4.s.3777.92 further clarified that if the order is not complied with, the Suit would be dismissed. The Plaintiffs despite getting time of four weeks failed and neglected to comply with the order dated 18th January 2011. In view thereof, on 22nd February 2011, this Court recorded that the order dated 18th January 2011 is not complied with by the Plaintiffs and the suit was adjourned to 22nd March 2011 for dismissal. 3 Today, when the matter has reached hearing, the learned advocate appearing for the plaintiffs states that in January 2011, he had written a letter to the Plaintiffs and sought instructions in the matter from them. The said letter was forwarded at the registered office address of the Plaintiffs. The same was returned back with the remark ‘left’. He submits that the Advocates have once again written a letter dated 22nd February 2011 to the Plaintiffs and forwarded the same to their factory addresses to which there is no response. 4 In view thereof, it is established beyond any doubt that the plaintiffs are not interested in prosecuting the suit. The suit is therefore disposed for want of prosecution. [ S.J. KATHAWALLA, J. ]