Lakshmi Chandru Shahani v. Rekha J. Hemrajani And ANR.

s 4150 of 2000 (906).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.4150 OF 2000 Lakshmi Chandru Shahani ...

Plaintiff versus Rekha J. Hemrajani and Anr.

...

Defendants Mr. Vinayak Salokhe i/by Mr. D.B.Sawant, for Plaintiff. Mr. Rohan Kelkar i/by M/s. Dhru and Co., for Defendants. CORAM: S.J. KATHAWALLA, J.

DATE: 23rd JUNE, 2015 P.C.:

1.

On 20-11-2014, this Court framed the issues in the above Suit and directed the Plaintiff to file her Affidavit of Evidence, Affidavit of documents and produce original documents in Court. The Suit was therefore, adjourned to 15-12-2014 for considering the admissibility of the documents of the Plaintiff. The Plaintiff failed and neglected to comply with the said order dated 20-11-2014. However, on 20-04-2015, one more opportunity was given to the Plaintiff to file her Affidavit of Evidence as well as Affidavit of documents along with compilation of original documents on or before 18-062015. On 22-06-2015, when the matter was called out, none appeared for the Plaintiff. In view thereof, the Suit is placed today under the caption for 'Dismissal'. Today, the Advocate for the Plaintiff states that till date, the order ssp 1/2

s 4150 of 2000 (906).sxw passed by this Court dated 20-11-2014 is not complied with by the Plaintiff, Since the present Advocate has come on record only a few days back. This Court had to remind the Advocate for the Plaintiff that the very same Advocates had appeared for the Plaintiff before this Court on 20-04-2015 when this Court had given an opportunity to the Plaintiff to comply with the order dated 20th November, 2014 on or before 18th June, 2015, which orders are not complied with till date. In view thereof, it is clear that the Plaintiff is not interested in pursuing the above Suit. The Suit is therefore, dismissed for want of prosecution.

( S.J.KATHAWALLA, J. ) ssp 2/2