-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3129 OF 1993. Bank of India. ..Plaintiff. Versus Ram Kotak and Anr. ..Defendants. Mr. Ajay Khaire i/b M/s. M. S. Bodhanwala & Co., for the plaintiff. Coram : R. V. MORE, J. Date : January 25, 2010. P. C. : 1. The above suit is filed under the provisions of Order-XXXVII Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs. 1,41,193.20 paise together with further service charges @2.5% per month. The writ of summons was issued and handed over to the plaintiff on 15th February 1994. However, since then the plaintiff has not taken steps for service of writ of summons on the defendants. From 16th November 2009, the suit was adjounred from time to time at the request of the learned counsel for the plaintiff to enable the plaintiff to take steps for compliance of the provisions of Rule 227 of the Bombay High Court (Original Side) Rules, 1980. On 4th January 2010, suit was placed on board under the caption “direction”. On that day none appeared on behalf of the plaintiff and therefore this Court passed following order. “The plaintiff has not taken any steps for service of summons on the defendants. In that view of the matter, place the suit for dismissal under the provisions of rule 227 of the Bombay High Court (O.S.) Rules, 1980. S.O. to 11.1.2010.” 2. Thereafter the suit was placed on board on 11th January 2010, -: 2 :- however on that day also none appeared on behalf of the plaintiff. Today also the learned counsel for the plaintiff could not give any explanation for non compliance of the provisions of Rule 227 of the Bombay High Court (O.S.) Rules, 1980. The suit is, therefore, dismissed for want of steps under the said provisions. (R.V. MORE, J.)