- 1 - 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 jmi SUIT NO.438 OF 1990. The Supreme Industries Ltd. ..Plaintiffs. vs. Sea Shell Bottling Unit & Ors. ..Defendants. .... Mr.Mayur Khandeparkar, i/b. M/s.Kanga & Co., for the Plaintiffs. None for the Defendants. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 3RD FEBRUARY,2009 : 3RD FEBRUARY,2009 : 3RD FEBRUARY,2009. P.C.: P.C.: P.C.: . In this suit, an order was passed by this Court dated 27th January 2009, wherein it was recorded that on 5th January 2009 and 19th January 2009 when the suit had come up for ex-parte decree, the same was adjourned as a last chance to 27th January 2009 to enable the plaintiffs to file their affidavit of evidence alongwith the original documents. However, on 27th January 2009, the plaintiffs failed to file their affidavit of evidence as well as the original documents. 2. On 27th January 2009, the plaintiffs submitted that one more chance be given to them by placing the suit under the caption "For Dismissal", and if the plaintiffs fail to produce the documents on the adjourned date, this Court may dismiss the suit. After - 2 - recording this submission of the plaintiffs, this Court by its order dated 27th January 2009 gave a further chance to the plaintiffs by adjourning the suit to 3rd February 2009. 3. Today, the learned Advocate for the plaintiffs submits that they are not ready with the affidavit of evidence as well as the original documents since they were unable to trace the documents. Since the suit cannot be adjourned indefinitely to enable the plaintiffs to trace the documents allegedly lost by them, this Court is constrained to dismiss the suit, for want of evidence/ prosecution. 4. The suit is, therefore, dismissed. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]