1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3683 OF 1993 Dena Bank Plaintiff versus Transworld Trading Co. Defendant Mr.N.S.Fadia for the plaintiff. None for the defendant. CORAM : S.J.KATHAWALLA, J. DATE : 21st February 2011 PC : 1. Admittedly the writ of summons was attempted to be served on 25th November 1993. However, the packet containing the summons for judgment was returned with remark "unclaimed". A second attempt was therefore made to serve the writ of summons on 17th October 1994 but the same has been returned. Learned advocate for the plaintiff is unable to inform the Court the ground on which the same was returned. Thereafter, admittedly, no efforts have been made to serve the writ of summons since the last more than 15 years and no order for substituted service has been obtained. On 16th November 2009 at the request of the advocate for the plaintiff time was granted to the plaintiff up to 14th December 2009. On 7th January 2011 the suit appeared on board and the advocate for the plaintiff once again sought an adjournment up to 21st February 2011 i.e. today. Today the learned advocate for the plaintiff states that after 7th January 2011 he has attempted to serve the writ of summons on the defendants i.e. after more than 18 years. The fact remains that the writ of summons is not served on the defendant from the year 1993 till date. 2. From the aforesaid facts it is established beyond any doubt that the 2 plaintiff is not interested in prosecuting the above suit which was filed in the year 1993. The suit is therefore dismissed for want of prosecution. (S.J.KATHAWALLA, J.)