- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.613 OF 1988 Primatex Machinery Pvt.Ltd. ...Plaintiff vs. Rajabahadur Motilal Poona Mills Ltd. ...Defendants --- Mr.Avinash Joshi i/b. M/s.Mulla & Mulla & CBC, for Plaintiff. Mr.Ramesh Jathar, employee of the Defendants-Company present. CORAM: S.C.DHARMADHIKARI,J CORAM: S.C.DHARMADHIKARI,J CORAM: S.C.DHARMADHIKARI,J. DATED: 21st MARCH,2009. DATED: 21st MARCH,2009. DATED: 21st MARCH,2009. P.C. P.C. P.C.: 1. When this suit was called out it was stated that there are no instructions given by the Plaintiff to the Plaintiff’s Advocate. The suit was placed on 2.2.2009 before me and prior thereto on 25.8.2008 and 8.8.2008. On all these dates, it appears that the plaintiff’s Advocate was handicapped and could not proceed with the matter. Even today Mr.Joshi, Advocate appearing on behalf of the Plaintiff states that a letter addressed by M/s.Mulla & Mulla & CBC, Advocates for Plaintiff could not be served on the - 2 - Plaintiff as all the letters have come back with the postal remarks "Left". It appears that after institution of the suit in the year 1988, the plaintiff-company has not taken any steps to proceed with the suit. It is informed that the defendant-company has been wound up, but even liquidator has not been brought on record. Mr.Joshi, Advocate states that no instructions are given by the plaintiff, and therefore, steps could not be taken. The plaintiff does not seem to be interested inasmuch as it has not given any instruction to its Advocate either. 2. In view of these circumstances and considering that the suit has been repeatedly adjourned, M/s.Mulla & Mulla & CBC are discharged as Advocate for plaintiff. 3. Suit is dismissed for want of prosecution. (S.C.Dharmadhikari, J.)