: 1 : nms-237-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 237 OF 2010 IN SUIT NO. 2193 OF 1983 Associated Capsules Pvt. Ltd. & Ors. .. Plaintiffs v/s. M/s. Sigma Constructions and Ors. .. Defendants ......... Ms. F. Dhanani i/by M/s. Dhruve Liladhar & Co. for the plaintiffs Mr. Vishal Kanade i/by Mahimtura & Co. for defendant no.1 Mr. A.I.I. Patel for defendant nos. 6 and 7 in support of NMS. ......... CORAM : R.Y.GANOO, J. DATE : 1st SEPTEMBER,2010. P.C. : 1. This motion is taken out by defendant nos.6 and 7 praying that the suit be dismissed. In my view, there is no provision in the Civil Procedure Code by which defendants can pray for dismissal of a suit simplicitor. Defendants will have to contest the suit, raise their contentions and have the suit dismissed in accordance with the provisions of law. Motion is dismissed. There shall be no order as to costs. (R.Y.GANOO, J.)