- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. jmi SUIT NO.369 OF 1982. The Ahmedabad Mfg. Calico Printing Co.Ltd. ..Plaintiffs. vs. M/s. Bharat Rexine Stores & Anr. ..Defendants. .... None for Plaintiffs. None for Defendants. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 21ST APRIL, 2009 : 21ST APRIL, 2009 : 21ST APRIL, 2009. P.C.: P.C.: P.C.: . By a detailed order of this Court dated 25th March 2009, this Court had directed the Prothonotary and Senior Master to give notice to the Liquidator, High Court at Gujarat, informing him about the suit filed in this Court by the plaintiffs and further informing him that the matter is placed for directions before this Court on 13th April 2009 and that the Official Liquidator through his representative may make necessary submissions before this Court on the adjourned date. The Official Liquidator, High Court at Gujarat was to be also informed that in absence of any representation/submission on his behalf before this Court on the adjourned date, the suit shall be dismissed by this Court. The suit was adjourned for directions to - 2 - 13th April 2009. 2. Accordingly, the Prothonotary and Senior Master, High Court, Bombay, issued a notice to the Official Liquidator, High Court at Gujarat dated 6th April 2009 and submitted a compliance report before this Court on 13th April 2009. However, since no acknowledgement had been received by the Office of the Prothonotary and Senior Master from the Official Liquidator, High Court at Gujarat having received the said notice, the suit was adjourned to 20th April 2009. 3. On 20th April 2009, a day’s time was obtained by the Court Office to verify with the post office whether the Official Liquidator, High Court at Gujarat had received the notice issued by the Prothonotary and Senior Master dated 6th April 2009. 4. Today, when the suit is called out, once again none appears for the parties. However, the Court Office has produced the delivery information report issued by the Sub-Post Master, High Court Building Post Office, confirming the fact that a letter dated 6th April 2009 issued by the Prothonotary and Senior Master to the Official Liquidator, High Court at Gujarat dated 6th - 3 - April 2009 being Article No.EM 279526224 IN is delivered on 13th April 2009 at the delivery office at Navrangpur and was also delivered to the addressee on the same day, i.e. on 13th April 2009. The said report is taken on record and marked ‘X’ for identification. Despite delivery of the said letter alongwith the order passed by this Court dated 25th March 2009, the Office of the Official Liquidator, High Court at Gujarat has not appeared before this Court or carried out any correspondence with the Office of the Prothonotary and Senior Master, High Court, Bombay. 5. It is, therefore, clear that the Official Liquidator, High Court at Gujarat is not interested in pursuing the suit. In view thereof, the suit stands dismissed. 6. The Office of the Prothonotary and Senior Master shall forthwith forward a copy of this order to the Official Liquidator, High Court at Gujarat. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]