abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 4391 OF 1999 Canara Bank .. Plaintiff V/s M/s Phono Engineering Co. & Ors. .. Defendants None for the plaintiff. Mr.I.M. Vora i/b Mr.Bipin Joshi for defendant no.3. CORAM : D.G. KARNIK, J. DATE : 9TH APRIL 2009 P.C. P.C. P.C. : 1. The defendants have not filed their written statements. By an order dated 5th September 2008, the Court directed that the suit would proceed without the written statements. By the very order, the plaintiff was directed to file evidence affidavit and the compilation of documents and the matter was adjourned to 1st October 2008 for recording of evidence. The matter was thereafter adjourned to 18th November 2008. Yet the plaintiff has not filed the compilation of documents nor - 2 - evidence affidavit of any of its witnesses. The plaintiff and its advocate are absent when called. 2. The suit is dismissed under Order 9 Rule 8 of the Code of Civil Procedure. (D.G. KARNIK, J.)