-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 562 OF 1993. Bank of India. ..Plaintiff. Versus Moolchand S. Jain. ..Defendant. Mr. Ajay Khaire i/b M/s. Bodhanwala & Co., for the plaintiff. Coram : R. V. MORE, J. Date : January 25, 2010. P. C. : 1. The above suit is filed under the provisions of Order-XXXVII Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs. 2,71,643/- together with further interest on the principal sum of Rs.1,64,720/-. The writ of summons was issued and handed over to the plaintiff on 13th April 1993. The said writ of summons was returned back with the remark “unserved”. Since last 16 years the plaintiff has not taken any steps. On 18th November 2009 the suit was placed on board for direction. On that day this Court passed following order. “The summary suit is filed in the year 1993. A perusal of the record discloses that the writ of summons was sent to the defendant and the envelope containing the writ of summons is returned with the remark “unserved”. The plaintiff has not thereafter taken any steps and therefore the suit deserves to be dismissed under the provisions of Rule 227 of the Bombay High Court (Original Side) Rules, 1980. However, by way of indulgence I propose to give one more chance to the plaintiff. S. O. to 2.12.2009.” 2. Thereafter the suit was placed on board on 7th January 2010 and 13th January 2010 and at the request of the learned counsel for the plaintiff, the -: 2 :- suit was adjourned from time to time to enable the plaintiff to take appropriate steps. Today also the learned counsel for the plaintiff could not give any explanation for non compliance of the provisions of Rule 227 of the Bombay High Court (Original Side) Rules, 1980. The suit is, therefore, dismissed for want of steps under the said provisions. (R.V. MORE, J.)