1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1988 OF 2003 Jindal Steel & Alloys Ltd. .. Plaintiff V/s Usha (India) Ltd. .. Defendant None for the plaintiff. CORAM : D.G. KARNIK, J. DATE : 22nd APRIL 2010 P.C. : 1. When the suit was called out in the first session, learned counsel for the plaintiff sought time to file affidavit in the matter and at his request the matter was adjourned to the second session. 2. At 3.00 p.m. when the matter is called out, the plaintiff’s advocate was absent and the matter was kept back till 4.00 p.m. At 4.00 p.m. also, the plaintiff’s advocate is absent when called. The plaintiff has not filed affidavit which was promised by the advocate in the morning. 2 3. By an order dated 3rd December 2009, time of 12 weeks was granted to the plaintiff to complete the service of writ of summons. The very order stated that if the service is not completed within the stipulated period of 12 weeks, the suit would stand dismissed for want of prosecution. Till today, the plaintiff has not filed on record the affidavit of service nor produced any other material to show that service has been completed. By order dated 23rd February 2010, time to effect the service was extended by 8 weeks. Period of 8 weeks has expired but the affidavit of service has not been filed. Hence, by reason of self-operative order passed on 3rd December 2009, the suit stands dismissed for non-prosecution. In any event, since the plaintiff has not taken appropriate steps for service of writ of summons on the defendant during last 7 years, the suit is dismissed for non-prosecution. (D.G. KARNIK, J.)