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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUIT SUIT SUIT NO.1279 NO.1279 NO.1279 OF OF OF 1989 1989 1989 Raj Raj Raj Prakash Chemicals Ltd Prakash Chemicals Ltd Prakash Chemicals Ltd ...... Plaintiff Plaintiff Plaintiff vs vs vs Kasturbhai Kasturbhai Kasturbhai Chinubhai Sheth .. Defendant Chinubhai Sheth .. Defendant Chinubhai Sheth .. Defendant Mr.F.Sayyed Mr.F.Sayyed Mr.F.Sayyed i/b i/b i/b M.K.Ambalal & Co for Plaintiff M.K.Ambalal & Co for Plaintiff M.K.Ambalal & Co for Plaintiff CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATED DATED DATED : : : 19th September, 2007 19th September, 2007 19th September, 2007 P.C. P.C. P.C. 1.1.1. Counsel for the plaintiff states that inspite Counsel for the plaintiff states that inspite Counsel for the plaintiff states that inspite of of of best efforts no instructions are forthcoming best efforts no instructions are forthcoming best efforts no instructions are forthcoming from from from the plaintiff. Even the original documents the plaintiff. Even the original documents the plaintiff. Even the original documents are are are not being made available. It is stated on not being made available. It is stated on not being made available. It is stated on affidavit affidavit affidavit of the concerned Advocate that attempt to of the concerned Advocate that attempt to of the concerned Advocate that attempt to send send send intimation to the plaintiff did not fructify intimation to the plaintiff did not fructify intimation to the plaintiff did not fructify as as as the packets have been returned with remark " the packets have been returned with remark " the packets have been returned with remark " Unclaimed Unclaimed Unclaimed and "left." In the circumstances, the and "left." In the circumstances, the and "left." In the circumstances, the plaintiff plaintiff plaintiff submits that he would like to take submits that he would like to take submits that he would like to take discharge discharge discharge from the matter. For the present, it is from the matter. For the present, it is from the matter. For the present, it is stated stated stated that no instructions are forthcoming. that no instructions are forthcoming. that no instructions are forthcoming. Hence, Hence, Hence, the suit deserves to be dismissed for non the suit deserves to be dismissed for non the suit deserves to be dismissed for non prosecution. prosecution. prosecution. Ordered Ordered Ordered accordingly. accordingly. accordingly. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J) 2