1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 946 OF 1995 WITH SUIT NO. 475 OF 1994 Punjab National Bank Employees Co-operative Housing Society. ... Plaintiffs. V/s. Rajeev Construction Co. ... Defendants. Mr. Yashodhan Divekar i/b. Divekar & Co. for the Plaintiffs in S. No. 946/95 and for the Defendants in S.No.475/94. Mr. M.G. Mimani for the Defendants in S.No.946/95 and for the Plaintiffs in S.No.475/94. CORAM : S.C. DHARMADHIKARI,J. DATED : 27th JULY 2009. P.C. :- The Suit was placed for dismissal today. Mr. Divekar, learned Counsel appearing for the Plaintiffs in Suit No.946 of 1995 and for the Defendants in the companion Suit states that despite several reminders from his end, the Plaintiffs did not come forward to give him instructions with regard to filing of affidavit of documents and evidence. Mr. Divekar states that now a Managing Committee has taken over and he would make a last attempt to take instructions and file the affidavit of documents and evidence. 2 2. The order framing issues is dated 6th January 2009. The Court granted six weeks’ time to file affidavit and evidence. Till 15th June 2009, nothing was done and time was sought on the same ground. The Court adjourned the case to 29th June 2009, on which date also neither the affidavits are filed nor the Plaintiffs remained present. The Court was constrained to pass an order imposing costs. It appears neither the costs are paid nor the affidavit of documents and evidence filed. The matter appeared on 20th July 2009 and noticing that the parties do not seem to be interested, the Court was constrained to place the Suit for dismissal. 3. In these circumstances, unless the Plaintiffs deposit costs quantified at Rs.5,000/- within one week from today so also take steps to file their affidavit of documents and evidence within two weeks thereafter, the Court cannot proceed further. If the Plaintiffs do not comply with this order inasmuch as failure to pay/deposit costs and to file affidavit of documents and evidence would entail in the Suit being dismissed at the end of the period specified above without any further reference to the Court. Thereupon, no request for restoration of the Suit would be entertained. (S.C. DHARMADHIKARI,J.)