Union Of India And ANR. v. Scindia Steam Navigation'Co.Ltd. And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3411 OF 1986 Union of India & Anr.

)....Plaintiffs V/s.

Scindia Steam Navigation Co. Ltd. & Anr.

)....Defendants ---- Mr.S.R.Rajguru a/w Mr.A.R.Varma for plaintiffs. [Mr.Mahendhar Aithe-Company Prosecutor for Official Lliquidator present].

---- CORAM : K.R.SHRIRAM,J DATE : 12.10.2018 P.C.:- 1.

Defendant no.1 went into liquidation in 2014. On 31.8.2018 the following order came to be passed :- "1. It appears that defendant no.1 has gone into liquidation long time ago. Plaintiffs have not taken any steps to bring Official Liquidator on record. Mr.Rajguru, counsel for plaintiffs states that he has no instructions and he also does not have the papers with him because the suit is of the year 1986.

2. As last chance, stand over to 7th September 2018 on which date if plaintiffs are unable to assist the Court in going on with the matter, the suit will be dismissed for want of prosecution".

2.

Still defendants have not taken any steps to bring the Liquidator on record. Suit stands dismissed for want of prosecution. KJ

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At the same time, plaintiffs may lodge its affidavit of proof of debt with the Official Liquidator within four weeks from today. Official Liquidator shall consider the same in accordance with law. Refund of court fees, if any in accordance with Rules. (K.R.SHRIRAM,J) KJ