1 rng 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.1726 OF 1987 NO.1726 OF 1987 NO.1726 OF 1987 IOB Pvt.Ltd .. Plaintiff Vs. Kalina Metal & Engi.Works .. Defendants Mr.Rodrigues i.b Desai & Diwanji for Plff None for Defendants CORAM CORAM CORAM : A.V.NIRGUDE, J : A.V.NIRGUDE, J : A.V.NIRGUDE, J DATED DATED DATED : 8th September 2008 : 8th September 2008 : 8th September 2008 P.C. P.C. P.C. 1. On all three occasions, when the suit was called out only the plaintiff’s advocate appeared. The defendant’s advocate remained absent although there is a counter claim made. It appears that the defendants and their advocates are not interested in prosecuting the counter claim. In view of this, the counter claim deserves to be dismissed. The plaintiff’s advocate sought leave to withdraw the suit. 2. Suit is dismissed as withdrawn. 3. Court fees be refunded as per rules. { A.V.Nirgude, J } A.V.Nirgude, J } A.V.Nirgude, J }