: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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO. 3899 OF 1988 NO. 3899 OF 1988 NO. 3899 OF 1988 Bank of India. ...Plaintiff. V/s. Incorp. Marketing Services Pvt.Ltd. & Ors. ... Defendants. Mr. N.S. Fadia for the Plaintiff. Mr. M.K. Khatri for Defendant Nos. 1 to 4. Ms. J. Sidhwa for Defendant 5. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 24TH 24TH 24TH NOVEMBER 2008. NOVEMBER 2008. NOVEMBER 2008. P.C. P.C. P.C. : : : . At the request of Mr. Fadia this matter was adjourned by this Court. The issues were framed on 11th August 2008 and the Plaintiff/Bank was given time to file affidavit of documents. The time granted was eight weeks from 11th August 2008. The affidavit of documents were not filed. At the request of Mr. Fadia further time was granted on 6th October 2008. This was because Mr. Fadia sought time on account of his inability to take instructions. He has addressed repeated letters to the Plaintiffs inviting their attention to the consequences that would follow if no instructions are forthcoming. The matter was adjourned on 20th October 2008 and once again these aspects were noticed and the letters taken on :2: record. On 12th November 2008, this Court gave last chance to the Plaintiff/Bank and adjourned the Suit till today for dismissal. 2. Mr. Fadia is present but none is appearing for the Plaintiff/Bank nor are the documents filed. The original record is not before the Court and therefore, Mr. Fadia states that he is unable to proceed further and lead evidence. His helplessness in the matter has already noted. 3. In these circumstances, when the Bank is not interested in recovering public monies, this Court has no alternative but to dismiss the Suit. The Suit is dismissed for want of prosecution. All interlocutory proceedings stands disposed of as they do not survive after dismissal of the Suit. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)