1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4381 OF 2008 IN SUIT NO.2157 OF 1984 Importex International .. Plaintiff Versus Air India .. Defendants Ms.Vandana Santara for plaintiff None for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 19th January 2009. P.C. . It appears that the suit was placed for recording evidence on 7th June 2006. Even prior thereto from 2003-04 the matter is pending in this Court. It further appears that the defendant has been appearing through its Advocate. However, the directions have been given to file affidavit of evidence and documents on 23rd October 2008 and a date was specified. 2 2. The learned Advocate for plaintiff has erroneously presumed that the order dismisses the suit, if no compliance is made with the directions therein. 3. With her assistance, I have perused the order dated 23rd October 2008. Reading of the same does not disclose that the suit is dismissed. In such circumstances, this notice of motion which presupposes that the suit is dismissed, is misconceived and not tenable. It is accordingly dismissed. 4. However, last chance is given to the plaintiffs to file their Affidavit of documents and evidence and if that is not done within a period of four weeks from today, then, the suit to stand dismissed for want of prosecution without reference to the Court. 3 (S.C.Dharmadhikari, J)