1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 483 OF 1999 Shantilal Chotalal & Co. .. Plaintiff V/s Netwest Finance Ltd. & Anr. .. Defendants Ms. Usha Rahi i/b Mayur Narendra & Co. for the plaintiff. CORAM : D.G. KARNIK, J. DATE : 5th MAY 2009 P.C. : 1. By an order dated 19th January 1999, the plaint was rejected under Rule 986 of the Bombay High Court (Original Side) Rules. Thereafter by a chamber order dated 19th November 1999 passed by the Additional Prothonotary & Senior Master, the delay in lodging of the writ of summons with the office of the Deputy Sheriff of Bombay was condoned and the plaintiff was ordered to lodge the writ of summons with the office of the Deputy Sheriff of Bombay within 4 weeks. The writ of summons was accordingly lodged with and transmitted by the office of the Deputy Sheriff of Bombay to the defendant on 18th December 1999. However, thereafter 2 there is no record of service of writ of summons on the defendant. In any event, the plaintiff has not filed affidavit of service of writ of summons on the defendant. 2. During the last 10 years, the plaintiff has not taken appropriate steps for service of writ of summons on the defendant. The counsel for plaintiff has reported no instructions. 3. In the circumstances, the suit is dismissed under Order 9 Rule 5 of the Code of Civil Procedure. (D.G. KARNIK, J.)