abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 498 OF 1999 M/s Kaira Can Co. Ltd. .. Plaintiff V/s M/s Kanaiya Foods India Ltd. .. Defendant None for the plaintiff. CORAM : D.G. KARNIK, J. DATE : 7TH MAY 2009 P.C. : 1. The plaintiff and its advocate are absent when called. 2. The affidavit of service dated 24th May 2009 sworn in by Kisan K. Naik shows that the defendant has been served in April 1999. Thereafter during the period of last 10 years, the plaintiff has not taken steps for service of writ of summons nor taken any steps for prosecution of the suit. The plaintiff and its advocate are absent when called. 3. In the circumstances, nothing further can be done in the matter. The suit is dismissed for non-prosecution. (D.G. KARNIK, J.)