1 chs12-10 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.12 OF 2010 IN SUMMARY SUIT NO.2456 OF 2009 Lina Harjai and Anr. .. Plaintiffs Vs. Aarti Construction Company and Ors. .. Defendants Mr.A.M.Vernekar with Mr.Ashutosh Vernekar for the plaintiffs Mr.K.J.Hakani for defendant no.3 CORAM : S.C.Dharmadhikari, J. DATE : December 10, 2010 P.C. : 1. From a perusal of the affidavit proving service, I am satisfied that the service is complete. Packets have been returned unclaimed by defendant nos.1, 2 and 6 but due intimation of the receipt of packet was given by the post office to them. Despite receipt of such intimation, they have not collected the packet 2 chs12-10 which was addressed to them. In such circumstances, chamber summons is made absolute in terms of prayer clause (a). 2. Mr.Vernekar, learned counsel appearing for the plaintiffs states on instructions that the plaintiffs do not desire to proceed against defendant no.3. Suit is therefore dismissed as prayed against defendant no.3. 3. In view thereof, Notice of Motion No.255 of 2010 and Summons for Judgement No.526 of 2009 do not survive. ( S.C.Dharmadhikari, J. )