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. 3074 OF 1989 NO. 3074 OF 1989 NO. 3074 OF 1989 Central Bank of India ... ... Plaintiff Vs. All India Transport Co. ... ... Defendants & Ors. Mr. Vipul Bilwe i/b Mulla & Mulla for Plaintiff Ms. Lata Desai for defendant No. 2 CORAM CORAM CORAM : V.C. DAGA, J. : V.C. DAGA, J. : V.C. DAGA, J. DATE DATE DATE : 29TH JANUARY, 2008 : 29TH JANUARY, 2008 : 29TH JANUARY, 2008 P.C. P.C. P.C. : : :- 1) The suit is pending in this Court since 1989. After 1997, the suit was taken up for trial on 26th July, 2007 and the Plaintiff was granted time to put their house in order. Thereafter the matter was kept on board on 29th October, 2007 so as to proceed with the trial of the suit. The Plaintiff- Bank was directed to file original documents by 29th November, 2007. In other words four weeks time was granted to the Plaintiff- Bank to file original documents. The Plaintiff- Bank did not comply with these directions, inspite of availing four weeks’ time. 2) The matter, thereafter, appeared on board on 29th November, 2007. The learned Counsel for 2 the Plaintiff- Bank sought time to comply with the earlier order dated 29th October, 2007. One week’s time was granted subject to the payment of the costs. The matter, thereafter, again appeared on board on 13th December, 2007, inspite of availing time more than granted, Plaintiff- Bank did not comply with the order of this Court dtd. 29th October 2007. Consequently, on 13th December, 2007, the suit was again adjourned; subject to payment of costs; for a period of one week. 3) The matter, thereafter, again appeared on board on 8th January, 2008, the Plaintiff- Bank did not comply with the earlier order and again sought time to comply with the earlier order dtd. 29th October, 2007. Again time was granted subject to the payment of costs. The matter has now again appears on today’s board. Learned Counsel for the Plaintiff is seeking further time to comply with the order dated 29th October, 2007. Almost more than three months have been passed, the Bank did not comply with the directions issued by this Court and seeks further adjournment. The prayer for further adjournment could not be justified by the Bank on any count. No explanation is coming forward for 3 non-compliance of the directions. The evidence of the plaintiff-Bank is liable to be closed. 4) However, considering the interest of justice by way cost amount one more adjournment is granted, subject to payment of costs of Rs.15,000/-, two weeks’ time is granted to comply with the order dated 29th October 2007. The payment of costs shall be condition precedent. The payment of costs shall be deposited with Bombay High Court Legal Services Committee within one week from today. Failing which the suit shall be dismissed without further reference to the Court. ( V.C. DAGA, J.) V.C. DAGA, J.) V.C. DAGA, J.)