Jog Engineering Limited v. Shivashahi Punarvasan Prakalp Limited And ANR

sat 1/1 s 1078-2008.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1078 OF 2008 WITH COUNTER-CLAIM NO. 20 OF 2014 Jog Engineering Ltd.

...Plaintiff vs.

Shivshahi Punarvasan Prakalp Ltd. & Anr.

...Defendants None for Plaintiff.

Mr.Vishal Kanade i/b. M/s.Kanga & Co. for Defendant No.1 & Plaintiff in CC No.20/2014.

Mr.Vaibhav Kamble i/b. Mr.Sachin Joshi for Defendant No.2. CORAM : S.C. GUPTE, J.

16 FEBRUARY 2015 P.C. :

On the last occasion, none appeared for the Plaintiff. As a result, the suit was placed for dismissal. Even today, when the matter is called out, none appears for the Plaintiff. The suit is dismissed for want of prosecution. No order as to costs.

In this matter, there is a counter-claim filed by original Defendant No.1. The counter-claim proceeds only against the original Plaintiff. No claim is made against original Defendant No.2. Office to verify if the service is properly effected on Defendant No.1 to the counter-claim and make a report. S.O. to 27 February 2015 for directions.

(S.C. Gupte, J.)