1 ss-3070-96 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 3070 OF 1996. M/s. Indokem Limited. ..Plaintiffs. vs. M/s. Mamta Dyeing & Printing & Ors. ..Defendants. .... Ms. Manisha Poladia, i/b. M/s. Mansukhlal Hiralal & Co., for Plaintiffs. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 28TH FEBRUARY 2011. P.C. On 10th January 2011, the above Suit was listed before this Court [Coram : A.S. Oka, J.] under the caption “For Dismissal”. Since the Summary Suit was of the year 1996 and no Summons for Judgment was taken out by the Plaintiffs and none appeared for the Plaintiffs, the Court was of the view that it is a fit case where powers of this Court under Rule 227 of the Bombay High Court (Original Side) Rules should be exercised by dismissing the Suit. Accordingly, the Suit was dismissed. However, at 5.00 p.m., the Advocate for the Plaintiffs appeared before the Court and prayed for restoration of the Suit. He submitted that the writ of summons was served but no appearance was entered. The Suit was therefore, restored and placed under the caption “For Directions” on 31st January 2011. 2. On 31st January 2011, none appeared for the Plaintiffs. The Suit was therefore placed under the caption “For Dismissal”. On 7th February 2011, when the Suit appeared on Board under the caption “For Dismissal” Ms. Manisha Poladia instructed by Mansukhlal Hiralal and Company sought time. Time was granted 2 ss-3070-96 upto 28th February 2011, i.e. today. 2. Today, once again the Suit is taken up for dismissal. Ms. Poladia, the learned Advocate appearing for the Plaintiffs states that she has no instructions in the matter and is also unable to point out whether the writ of summons was at all served on the Defendants in the last 14 years, as mentioned before this Court on 10th January 2011 at the time when restoration of the Suit was sought and obtained. In view thereof, this Court is constrained to dismiss the Suit for want of prosecution. [ S.J. KATHAWALLA, J. ]