mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1351 OF 1983 Excel Industries Limited Plaintiff versus Jaswant M. Patel Defendant None present for plaintiff and defendant. CORAM : A.S.OKA, J. DATE : 11th November 2008 PC : 1. None appears for the plaintiff. Order dated 29th September 2008 records that time was granted to the plaintiff till 24th October 2008 to file affidavit in lieu of evidence. The order also records that if the compliance is not made, the suit is liable to be dismissed for non prosecution. 2. Today none appears for the plaintiff. Affidavit is not filed. Hence, the suit is dismissed for non prosecution. (A.S.OKA, J.)