-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3138 OF 1993. Bank of India. ..Plaintiff. Versus Narendra M. Rege. ..Defendant. Mr. Ajay Khaire i/b M/s. Bodhanwala & Co., for the plaintiff. Coram : R. V. MORE, J. Date : January 25, 2010. P. C. : 1. The above suit is filed under the provisions of Order-XXXVII Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs.1,24,147.01 paise with service charges interest thereon @ 2.5% p.m. The writ of summons was issued and handed over to the plaintiff on 13th September 1993 itself. Since then the plaintiff has not taken any steps till date to serve the same on the defendant. From 19th November 2009 the suit was adjourned from time to time to enable the plaintiff to take steps for compliance of the provisions of Rule 227 of the Bombay High Court (O.S.) Rules, 1980. On 8th January 2010, suit was placed on board under the caption “direction”. On that day this Court passed following order. “This is the suit filed under the provisions of Order The above suit is filed under the provisions of Order-XXXVII Rule-2 of the Code of Civil Procedure, 1908. Though writ of summons is issued on 13.09.1993 and handed over to the plaintiffs, they have not taken any steps to serve the same on the defendant. In that view of the matter, office is directed to place this suit on 15th January 2010 under the caption “dismissal” for non compliance of the provisions of Rule-227 of the Bombay High Court (O.S.) Rules, 1980.” -: 2 :- 2. Thereafter the suit was placed on board on 15th January 2010 and at the request of the learned counsel for the plaintiff, suit was adjourned to 25th January 2010, i.e. today. Today also the learned counsel for the plaintiff could not give any explanation for non compliance of the provisions of Rule-227 of the Bombay High Court (O.S.) Rules, 1980. The suit is, therefore, dismissed for want of steps under the said provisions. (R.V. MORE, J.)