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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUIT SUIT SUIT NO. NO. NO. 2141 OF 1995 2141 OF 1995 2141 OF 1995 Central Central Central Bank of India Bank of India Bank of India ...... Plaintiff Plaintiff Plaintiff vs vs vs M/s M/s M/s C.J.Steel & ors C.J.Steel & ors C.J.Steel & ors ...... Defendants Defendants Defendants Ms.P.Mhatre Ms.P.Mhatre Ms.P.Mhatre i.b i.b i.b S.Satpute & Co for S.Satpute & Co for S.Satpute & Co for Plaintiff Plaintiff Plaintiff CORAM CORAM CORAM : : : A.S.OKA, A.S.OKA, A.S.OKA, J J J DATED DATED DATED : : : 10th 10th 10th September, 2007 September, 2007 September, 2007 P.C. P.C. P.C. 1.1.1. The 1st defendant has been served with the writ The 1st defendant has been served with the writ The 1st defendant has been served with the writ of of of summons and appearance has been entered by the summons and appearance has been entered by the summons and appearance has been entered by the 1st 1st 1st defendant through an Advocate on 30th October, defendant through an Advocate on 30th October, defendant through an Advocate on 30th October, 1995. 1995. 1995. However, the Summons for Judgment is not However, the Summons for Judgment is not However, the Summons for Judgment is not taken taken taken out till today. The 2nd defendant is not out till today. The 2nd defendant is not out till today. The 2nd defendant is not served served served with the writ of summons till today. with the writ of summons till today. with the writ of summons till today. Considering Considering Considering these aspects, on 5th September, 2007 these aspects, on 5th September, 2007 these aspects, on 5th September, 2007 the the the suit was ordered to be shown on the cause list suit was ordered to be shown on the cause list suit was ordered to be shown on the cause list for for for dismissal. dismissal. dismissal. 2.2.2. Today, learned counsel for the plaintiffs seeks Today, learned counsel for the plaintiffs seeks Today, learned counsel for the plaintiffs seeks time time time as the suit is already fixed for dismissal. as the suit is already fixed for dismissal. as the suit is already fixed for dismissal. Time Time Time cannot be granted in view of the default set cannot be granted in view of the default set cannot be granted in view of the default set out out out above. Suit is dismissed for non prosecution. above. Suit is dismissed for non prosecution. above. Suit is dismissed for non prosecution. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J) 2