-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3445 OF 1993. Bank of India. ..Plaintiff. Versus Bhushan S. Rao. ..Defendant. Mr. Ajay Khaire i/b M/s. M. S. Bhodhanwala & co., for the plaintiff. Coram : R. V. MORE, J. Date : January 25, 2010. P. C. : 1. The above suit is filed under the provisions of Order-XXXVII Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs.2,47,921.02 paise with further service charge thereon @2.5% p.m.. The writ of summons was issued and handed over to the plaintiff on 18th October 1993. Since then the plaintiff has not taken any steps for service of the same on the defendant. At the request of the learned counsel for the plaintiff, the suit was adjourned from time to time to enable the plaintiff to take appropriate steps. On 4th January 2010, when the matter appeared on board under the caption “direction” none appeared on behalf of the plaintiff. On that day Court passed following order. “The plaintiff has not taken any steps for service of writ of summons on the defendant. In that view of the matter, place the suit for dismissal under the provisions of Rule-227 of the Bombay High Court (O.S.) Rules, 1980. S.O. to 11.1.2010.” -: 2 :- 2. Thereafter the suit appeared on board on 11th January 2010 and at the request of the learned counsel for the plaintiff was adjourned to 25th January 2010. Today also the learned counsel for the plaintiff could not give any explanation for non compliance of the provisions of Rule 227 of the Bombay High Court (O.S.) Rules 1980. The suit is, therefore, dismissed for want of steps under the said provisions. (R.V. MORE, J.)