1 2.s-85-01 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUIT NO. 85 OF 2001. M/s. IFB Industries Ltd. & Anr. ..Plaintiffs. vs. M/s. Om Auto Carriers. ..Defendant. .... Mr. A.J. Gondwal, i/b. P.N. Sadarangani, for Plaintiffs. Ms. Shital S. Parave, i/b. S.V. Vora, for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 11TH OCTOBER 2011. P.C. : In this Suit, issues were framed on 5th September 2011 and the Plaintiffs were directed to file their Evidence as well as the Affidavit of Documents along with the compilation of Document on or before 26th September 2011. The Suit was placed on 27th September 2011 for directions. 2. On 27th September 2011, this Court was informed by the Advocate for the Plaintiff No.2 that the order dated 5th September 2011 has not been complied with till date and time be extended to comply with the said order. In view thereof, time was extended upto 10th October 2011. 3. However today, the learned Advocate appearing for the Plaintiff No.2 points out that by his letter dated 12th September 2011, he had called upon Plaintiff No. 2 to give instructions in the matter 2 2.s-85-01 and had also asked the Plaintiff No.2 to convey to him the name of the Officer who would file the Affidavit in lieu of Evidence. He also requested them to hand over the original documents to him and informed them that if the Affidavit is not filed on the next date of hearing, the Suit will be dismissed. Though the said letter was forwarded to the Plaintiff No.2 by Speed Post, they have failed to respond to the same. The learned Advocate for the Plaintiffs has further pointed out that thereafter he once again wrote a letter dated 24th September 2011 to the Plaintiff No. 2 informing them that in the absence of the Affidavit in lieu of Examination-in-Chief and the Documents, the Suit will be dismissed. Though the Plaintiff No. 2 has received the said letter on 3rd October 2011, the Plaintiff No. 2 has not even deemed fit to contact him in the matter. In view thereof, it is established beyond any doubt that the Plaintiff No. 2 is not interested in pursuing the Suit. The Suit is therefore dismissed for want of prosecution. [ S.J. KATHAWALLA, J. ]