1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.439 OF 2005 IN SUIT NO.223 OF 2005 Comm. Cyrus Patell. ... Plaintiff. vs. Lt.CDR.IN (Retd.) M.G.Deodhar. .... Defendant. --- Mr.Sanjay Udeshi i/b. Sanjay Udeshi & Co. for Plaintiff. None for Defendant. CORAM: D.K.DESHMUKH,J. DATED: 17th March,, 2006 P.C.:- 1. This is a notice of motion taken out by the plaintiff. The learned Advocate appearing for plaintiff is not in a position to make statement that the defendant has been served and he is also not willing to undertake to file affidavit of service. From the reluctance of the Advocate appearing for the plaintiff to undertake to file affidavit of service, it is clear that the defendant has not been served. The fact that the defendant has not been served by the plaintiff shows that the plaintiff is not interested in prosecuting the notice of motion. The notice of motion is therefore, dismissed for non prosecution. 2 ---