-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDNARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 262 OF 1993. Dena Bank. ..Plaintiffs. Versus M/s. Dev Enterprises. ..Defendants. None present. Coram : R. V. MORE, J. Date : January 5, 2010. P. C. : 1. 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. 3,13,488/- alongwith interest from the defendants. A writ of summons was issued and handed over to the plaintiff for service upon the defendant as long back as on 18th February 1993, however, record does not disclose whether the defendants are served or not. The affidavit of service is also not filed by the plaintiff. Suit was placed for directions on 24th November 2009. On that day, at the request of the learned counsel for the plaintiff, this Court in order to give one opportunity to the plaintiff passed following order. “1. The suit is filed under the provisions of Order-XXXVII, Rule-2 of the CPC. The writ of summons was issued to the plaintiff on 18.2.1993. The record does not show whether the defendants are served or not. Learned counsel for the plaintiff is also unable to make any statement in this regard. Service affidavit is also not filed. Suit appeared under the captions “Directions” on 17.11.2009. However, at the instance of learned counsel for the plaintiff the same was adjourned to today. Today, learned counsel for the plaintiff submit that attorneys of the plaintiff have written letter to the plaintiff seeking instructions. Copy of the letter dated -: 2 :- 17.11.2009 is placed on record. Inspite of this letter, attorneys of the plaintiff have not received any instructions from their clients. In the above circumstances, place the matter in the next week under the caption “Dismissal”. 2. Today when the suit is called out none appears on behalf of the plaintiff. In the above circumstances, suit is dismissed for want of steps as per the provisions of Rule 227 of the Bombay High Court (Original Side) Rules 1980. (R.V. MORE, J.)