- 1 - 933.ss.534.1986 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 534 OF 1986 Dena Bank ..Plaintiff -Versus- Ranjan Alloys & Ors. ..Defendants .......... Ms.Jyoti Vaity i/by Shukla & Shukla for the Plaintiff. None for the Defendants. .......... CORAM : S.J. KATHAWALLA, J. DATE : 4TH MARCH 2011. P.C. 1 Vide order dated 10th January 2011, the Advocates for the plaintiff were directed to file affidavit of documents and compilation of original documents within a period of three weeks. However, the plaintiff failed to comply with the said order. On 3rd March 2011, the matter appeared before this Court under the caption ‘for recording evidence’. The matter was mentioned out of turn by the advocate for the plaintiff on the ground that it is shown under an incorrect caption and the same ought to have been shown under the caption ‘for filing affidavit of documents’. The matter was therefore shown today under the caption ‘for filing of affidavit of - 2 - 933.ss.534.1986 documents’. Today, the learned advocate appearing for the defendants submits that though the advocate for the plaintiff-Bank have by their letter dated 4th January 2011 sought instructions from the plaintiff-Bank, the plaintiff-Bank has neither come forward to give instructions in the matter nor have they forwarded the documents, as the same could not be traced by them. The suit is of 1986. The plaintiff-Bank even after obtaining repeated adjournments is unable to proceed with the exparte hearing of the suit after 25 years. The suit is therefore dismissed for want of prosecution. [ S.J. KATHAWALLA, J. ] -