1 19.s-4364-99 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUIT NO. 4364 OF 1999. Parekh Platinum Limited. ..Plaintiff. vs. Prism Jewellers (L.L.C.) ..Defendant. .... Mr. Regar, i/b. PDS Legal, for Plaintiff. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 11TH APRIL 2011. P.C. : The Suit is of the year 1999. By an order dated 22nd December 2006, the Suit was transferred to the list of undefended Suits. Thereafter, the Plaintiffs had more than 5 years to get ready for the ex-parte hearing of the Suit. On 4th March 2011 when the matter reached hearing, the Plaintiffs were not ready with their Affidavit in lieu of Evidence and compilation of Documents. The Plaintiffs were therefore granted time to file their Affidavit in lieu of Evidence as well as the compilation of Documents directly in Court on 11th April 2011 i.e. today. It was clarified that if the Plaintiffs fail to do so, appropriate orders shall be passed by this court. 2. Today, the learned Advocate appearing for the Plaintiffs submits that the Plaintiff has not complied with the order of this Court dated 4th March 2011 since the papers / documents in the matter are not traceable. As recorded hereinabove, the Plaintiffs had more than 5 years to get ready for the ex-parte hearing of the Suit. 2 19.s-4364-99 However, since they were not ready even after 5 years, one more chance was given to them on 4th March 2011. However, they have failed to also comply with the order dated 4th March 2011 and are not ready with the Affidavit in lieu of Evidence and the compilation of Documents till date. The Court is therefore constrained to dismiss the Suit. The Suit is therefore dismissed for want of prosecution. [ S.J. KATHAWALLA, J. ]