Eternit Everest Ltd v. Cosco Titanjin Ocean Shipping Co

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1960 OF 2012 IN SUIT NO. 3078 OF 1999 Eternit Everest Limited and Anr.

...

Applicants / Plaintiffs

Versus

Cosco Tianji Ocean Shipping Co.

...

Defendant None for the Applicants / Plaintiffs.

None for the Defendant.

CORAM : S.J. KATHAWALLA, J.

DATED : 9 TH OCTOBER, 2015 P.C.

1.

On 19 th April, 2012 this Court ( Coram : A.A.Sayed, J.) passed the following order :

"

The suit is listed under the caption 'For Dismissal' today as none had appeared for the Plaintiffs on the last occasion. Even today none appears for the Plaintiffs. Hence, suit is dismissed for nonprosecution". 2.

Thereafter, the Applicants / Plaintiffs have taken out the above Notice of Motion in July, 2012 seeking condonation of delay and restoration of the above Suit, which was dismissed by an order dated 19 th April, 2012. None for

2 / 3 the Applicants / Plaintiffs. The Affidavit proving service on the Defendant is also not on record. In view thereof, the Notice of Motion is dismissed for want of prosecution.

( S.J.KATHAWALLA, J. )

3 / 3 CERTIFICATE Certified to be true and correct copy of the original signed order.