Bharat Chemical Works v. Rajesh Construction (Bombay) And 99 ORS

1 30) nms1258-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1258 OF 2019 IN SUIT NO.4261 OF 1993 M/s. Bharat Chemical Works ..Plaintif.

V/s.

M/s. Rajesh Construction (Bombay) & Ors.

..Defendants.

Mr.Ganesh Ambekar i/b. M/s. Thakore Jariwala & Associate for the plaintif.

None for defendants.

CORAM : N.J.JAMADAR, J.

DATE : DECEMBER 17, 2019 P.C. :- Heard learned counsel for the plaintif.

2.

The suit came to be dismissed on June 10, 2015 for want of prosecution.

3.

The plaintif has fled afdavit of service on November 20, 2019 to the efect that notices issued to defendant Nos.5 to 10, 15, 31 45, 46, 48, 50 to 52, 54 to 57, 62, 63 and 66 have been returned unserved. Plaintif has fled afdavit of service dated November 21, 2019 to the efect that the notices issued to defendant Nos.67,73,74,75,78,79,81 to 83, 84, 86, 87 89, 93, 94, 96 to 97 have been returned

2 30) nms1258-19.doc unserved.

4.

Plaintif has also fled afdavit of service dated November 19, 2019 to the efect that defendant Nos.2 to 4, 11 to 14, 25, to 30, 33 to 36, 42,47,49,58 to 61, 64, 65,68,70 to 72,76,77,80,85,88,91 and 98 have been served. 5.

None appears for the defendants, who have been served.

6.

On perusal of the afdavit in support of the Notice of Motion, a sufcient cause for non appearance of the plaintif on the date when the suit came to be dismissed for want of prosecution, is made out.

7.

The order of dismissal of the suit for want of prosecution passed on June 10, 2015 is thus set aside. 8.

The suit is restored to the fle.

9.

The plaintif shall serve afresh writ of summons to the defendants.

10.

The Notice of Motion stands disposed of accordingly.

11.

Stand over as per CMIS date.

(N.J. JAMADAR, J.)