- 1 - 9.s.4265.97 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.4265 OF 1997 Bank of Baroda ..Plaintiff -Versus- Shrikant H. Sarmokadam ..Defendant .......... Ms.Sheela Mistry i/by Jayesh Patel for the Plaintiff. None for the Defendant. .......... CORAM : S.J. KATHAWALLA, J. DATE : 11TH MARCH 2011. P.C. 1 The suit is of the year 1992 i.e. 14 years old. Though the Prothonotary and Senior Master by an order dated 6th October 2005 had transferred the suit to the list of undefended suits and the Plaintiff-Bank had more than five years to prepare for an Exparte Decree, the Plaintiff- Bank, in the last five years, has not been ready with the documents relied upon by it in the suit. Despite such conduct on the part of the plaintiff, this Court (Coram : R.Y.Ganoo, J.) by order dated 2nd February 2011, granted more than four weeks time to the Plaintiff-Bank to file its evidence, affidavit and compilation of documents and further clarified that "failing which, the - 2 - 9.s.4265.97 appropriate orders shall be passed". Despite more than a month having elapsed, the Plaintiff-Bank is neither ready with the evidence nor with the documents to enable the Court to proceed to pass an exparte decree in the suit. 2 In view thereof, it is established beyond any doubt that the Plaintiff- Bank is not keen in prosecuting the suit. The suit is therefore dismissed for want of prosecution. [ S.J. KATHAWALLA, J. ] -