1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2071 of 1987 State Trading Corporation of India Ltd. .. Plaintiff versus Palbro International .. Defendant ... Mr.R.C. Dubey i/b S. Kanchan for plaintiff. CORAM : D.G. KARNIK, J DATED : 23rd April 2009 P.C.: 1. The suit is very old. It was listed for hearing on 7th October 2008 when a statement was made by the advocate for the plaintiff that the affidavit of the witness is prepared but the witness has not attended the court and therefore, the affidavit in lieu of examination in chief could not be filed. Matter was accordingly adjourned with a clear direction that the suit would be dismissed if the 2 affidavit in lieu of examination in chief was not filed by the next date. Though more than six months have passed, affidavit in lieu of examination in chief has not been filed. 2. Today learned counsel for the plaintiff states that though an intimation of today’s date was given by him to the plaintiff, the plaintiff’s witness has not come and therefore he cannot do anything further in the matter and cannot proceed with the suit. 3. Suit is accordingly, dismissed for non prosecution. (D.G. KARNIK, J)