10 sj 700.03.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srk SUMMONS FOR JUDGMENT NO. 700 OF 2003 IN SUMMARY SUIT NO. 963 OF 2003 Chatwani & Shah Pvt. Ltd. ..Plaintiff. v/s. Dr. Surya J.Ruparalia ..Defendant. .... None for Plaintiff. Mr. Kunal Chima i/b Mr. Y.M.Chaudhari for Defendant. .... CORAM : R.S.MOHITE, J. DATE : 28TH JULY, 2010. P.C. None appears for the Plaintiff. It is seen that the Advocate for the Plaintiff was absent on the last date i.e. 27.07.2010. On that day advocate for the Defendant had referred to consent terms dated 13.07.2005, copy of which is shown to me today. The said consent terms were filed in a proceeding arising in another Suit no.747 of 2001, wherein present Plaintiff was Defendant no.2. Under clause 8 Defendant no.2 had agreed to withdraw the present Summary Suit subject to 1 10 sj 700.03.doc receiving certain amount from a sale. Since the Advocate for the plaintiffs has remained absent though, the Summons for Judgment is shown under caption dismissal. Summons for Judgment is dismissed for non-prosecution. The consent terms which have been shown to the court are taken on record and marked “X” for identification. List the suit for dismissal on 18th August, 2010. [ R.S.MOHITE, J. ] 2