SM 1 46.nms.2258.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION N O. 2258 OF 2010 IN SUMMARY SUIT NO. 582 OF 1997 Chief General Manager, Mahanagar Telephone Nigam Limited ....Plaintiff. Versus Barclyas Bank PLC and another ....Defendants. ____________ Ms. S. I. Shah i/b M/s. S. I. Shah & Co. for the Plaintiff. Mr. Shailesh Shukla i/b AZB & Partners for the Defendants. CORAM: D. G. KARNIK, J. DATED : SEPTEMBER 26, 2011. P.C.: This motion is taken out by the defendant no. 1 in the suit for dismissal of Summary Suit under Rule 227 of the Bombay High Court (Original Side) Rules, 1980 as the plaintiff has not applied for a decree within six months of the filing of the plaint as required by Rule 227 of the Bombay High Court (Original Side) Rules, 1980. 2. Learned counsel for the plaintiff states that in view of the fact that the plaintiff has taken out arbitration proceedings against the defendant no. 2, which are pending, nothing survives in the suit against defendant no. 1 as well as defendant no. 2. Statement is recorded and accepted. SM 2 46.nms.2258.10 3. In view of the statement, no further orders are necessary in the Notice of Motion and consequential orders are passed on the suit itself. Motion is disposed of. (D. G. KARNIK, J.)