1 N.1835.09.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.1835 OF 2009 IN EXECUTION APPLICATION NO. 439 OF 2009 IN SUIT NO. 1552 OF 1988 A.P. Dairy Development Co-op. Federation Ltd. ... Claimants. V/s. M/s. Kolaba Motor Transport Service. ... Defendants. Mr. Rajesh B. Parab for the Claimants. None for the Defendants. CORAM : R.Y. GANOO, J. DATED : 19th JANUARY 2011. P.C. :- Bailiff’s report dated 16th December 2009 is perused. The Defendants have left the premises. No further action is taken by the Claimants to proceed. Learned Counsel for the Claimants sought time. In my view, the Claimants have exhibited negligence in attending to the matter. As more than one year has elapsed, no indulgence is granted. Notice will have to be dismissed. 2 N.1835.09.sxw 2. Hence, following order is passed :- (i) Notice is dismissed with no order as to costs. (ii) In view of this, Execution Application No. 439 of 2009 cannot proceed. Same is dismissed with no order as to costs. (R.Y. GANOO, J.)