: 1 : SD 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 SUIT SUIT SUIT NO.3201 OF 1984 NO.3201 OF 1984 NO.3201 OF 1984 Bankim Gautam Doshi ...Plaintiff V/s. Hasmukh Ochhavlal Shah ...Defendant Mr.U.J. Makhija, Advocate, for the Plaintiff. Mr.Snehal Shah, Advocate, i/b. Paanchmania & Co., for the Defendant. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 9TH SEPTEMBER, 2008. : 9TH SEPTEMBER, 2008. : 9TH SEPTEMBER, 2008. P.C.: P.C.: P.C.: . The learned Counsel appearing for the Plaintiff produced before the Court a copy of his letter addressed to the Plaintiff requesting to give instructions in order to pursue the claim. The said letter is taken on record and marked "X" for identification. 2. The said letter came back with a remark "left". Mr.Makhija now does not have the new address of the Plaintiff. The Court is also unable to locate the Plaintiff. Mr.Makhija is allowed to withdraw his power. : 2 : 3. Mr.Shah, who appears for the Defendant, when asked as to whether he or his client would be able to locate and contact the Plaintiff, he said it would not be possible for him or his client to do so. In this situation, it is clear that the Plaintiff is not available to pursue the claim. The Suit deserves to be dismissed for non-prosecution. 4. The Suit stands dismissed for non-prosecution. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]