- 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 SUIT SUIT SUIT NO.2008 OF 1983 NO.2008 OF 1983 NO.2008 OF 1983 Impex International & Anr. ...Plaintiffs vs. KLM Royal Dutch Airlines & Ors. ...Defendants Ms Payal Parikh i/b Dhru & Co. for the plaintiffs Mr.Mayur Khandeparkar i/b Kanga & Co. for the defendant No.3 Mr.R.M.Pardiwala i/b M/s.Mulla & Mulla for defendant no.1 Mr.N.J.Nathani for defendant no.2 CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : NOVEMBER 12,2008 : NOVEMBER 12,2008 : NOVEMBER 12,2008 P.C.: P.C.: P.C.: 1. Today the suit is fixed for recording of evidence. The learned counsel for the plaintiffs states that the Advocate on record for the plaintiffs has informed the plaintiffs that the suit has been fixed today for recording of evidence. She states that the envelope containing intimation sent by the Advocate for the plaintiffs to the plaintiffs has returned back unserved. 2. The learned counsel for the plaintiffs seeks time. 3. On 3rd October 2008, this court directed that the suit shall be fixed today for recording of evidence. It is obvious that the plaintiffs are not interested in prosecuting the suit. Adjournment cannot be granted in the suit of the year 1983. Hence, the suit is dismissed for non prosecution. - 2 - JUDGE JUDGE JUDGE