IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2644 of 1992. SUIT NO.2644 of 1992. SUIT NO.2644 of 1992. M/s. Saloni Synthetics ..Plaintiff versus M/s.Lobla Machinery Manufacturers Limited ..Defendant Mr.Modi for the Plaintiff Mr.Mohandas for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 28th July, 2008. DATED : 28th July, 2008. DATED : 28th July, 2008. P.C. 1. Learned Advocate Mr.Modi has tendered in the Court an envelope in which letter was addressed to the plaintiff informing them about the adjourned date. The said envelope has come back with remark "Not known". Affidavit along with envelope is taken on record. 2. Learned Advocate Mr. Modi states that plaintiffs are not instructing him. The suit is of 1992. Sufficient chance is being given to the plaintiff to appear and make progress in the suit. It is clear that the plaintiff is not interested in prosecuting the suit. Hence the suit will have to be dismissed for want of prosecution. -2- 3. The defendants herein have filed counter claim. The learned Advocate for the defendant submitted that if the Court dismisses the suit, then, the defendants are not interested in proecuting the counter claim and accordingly he made submission ultimately to withdraw the counter claim if the suit is dismissed. Hence the Order. ORDER 1. Suit is dismissed for want of prosecution with no order as to costs. 2. Learned Advocate for the defendant seeks permission to withdraw the counter claim. Same is noted. The Counter claim is allowed to be withdrawn as the defendants are not interested in prosecuting the same. There shall be no order as to costs. 3. Refund of Court fees shall be granted as per rules in the counter claim. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) -3-