- 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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO.1912 OF 1986 NO.1912 OF 1986 NO.1912 OF 1986 M/s.Banwarilal Pramodkumar The Oriental Insurance Co.Ltd. ...Plaintiffs vs. M/s.Samta P.Ltd. The Board of Trustees of the Port of Bombay ...Defendants Ms S.P.Dwivedi i/b P.N.Sadarangani for the Plaintiffs Mr.Parag Khandhar with Mr.U.J.Makhija i/b M/s.Mulla & Mulla for the Defendant No.2. CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : OCTOBER 8,2007 : OCTOBER 8,2007 : OCTOBER 8,2007 P.C.: P.C.: P.C.: 1. Heard learned counsel for the plaintiffs. On 6th August 2007, the issues were settled and the plaintiffs were directed to file affidavit in lieu of evidence of their witness and original documents. On 10th September 2007, an adjournment was granted to the plaintiffs till 21st September 2007. On 21st September 2007, the learned counsel for the plaintiffs specifically sought two weeks’ time. The order passed on that day records that adjournment was granted till 8th October 2007 and that no further time will be granted to the plaintiffs. The plaintiffs were directed to serve a copy of affidavit in lieu of evidence of their witness to the Advocate for the defendants one week in advance. 2. The learned counsel for the plaintiffs states that the - 2 - affidavit is not yet ready and the Advocate on record has received a fax message dated 6th October 2007 instructing the Advocate on record to apply for adjournment. 3. In this suit of the year 1986, sufficient accommodation has already been granted to the plaintiffs. In fact by order dated 21st September 2007, while granting adjournment to the plaintiffs, it was made very clear that no further time will be granted. Hence, prayer made by the counsel for the plaintiffs cannot be acceded to and the suit is dismissed for non prosecution. JUDGE JUDGE JUDGE