- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. jmi SUMMARY SUIT NO.293 OF 1990. SM Dyechem Limited. ..Plaintiff. vs. The Raja Bahadur Motilal Poona Mills Ltd. ..Defendant. .... None for Plaintiff. Mr.M.A. Shah, i/b. A.G. Shah, for Defendant. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 5TH MARCH,2009 : 5TH MARCH,2009 : 5TH MARCH,2009. P.C.: P.C.: P.C.: . Pursuant to this Court’s order dated 26th February 2009, the learned Advocate for the defendant obtained the present registered address of the plaintiff-Company from the website of the ROC, Mumbai and served a notice on 27th February 2009 informing them that the suit shall appear before this Court on 5th March 2009 and that they should remain present if they so desire. They further informed the plaintiff that if they fail to appear before this Court on 5th March 2009, this Court will be constrained to proceed with the matter in their absence. 2. The learned Advocate for the defendant has tendered a copy of the letter dated 27th February 2009 served at the registered address of the - 2 - plaintiff-Company alongwith the print out of the relevant page downloaded from the website showing the current address of the registered address of the plaintiff. The same is taken on record and marked ‘X’ for identification. 3. The plaintiff-Company despite receiving the aforesaid notice from the learned Advocate for the defendant has failed to appear before this Court, today. In view thereof, it is clear that the plaintiff is not interested in prosecuting the suit any further. The suit is, therefore, dismissed for want of prosecution. 4. It is clarified that in the order of this Court dated 26th February 2009, the name of Mr.M.A. Shah, i/b.A.G.Shah has been wrongly shown as Advocates appearing for the plaintiff. In fact, on 26th February 2009, none appeared for the plaintiff. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]