Tapas Kumar Ghosh v. Shri Afzal Suleman Masnsuri And 2 ORS

YBG suit3365-07

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL JURISDICTION SUIT NO. 3365 OF 2007 Tapas Kumar Ghosh ..

Plaintiff

Versus

Afzal Suleman Masnsuri and Ors.

..

Defendants WITH SUIT NO.195 OF 2009 Afzal Suleman Mansuri & Ors.

..

Plaintiffs

Versus

Tapas Kumar Ghosh ..

Defendant None for plaintiff Mr.Kantilal N. Kanojia i/b. Dilip Bagwe for defendant Nos. 1 to 3 and for plaintiff in Suit No.195 of 2004

CORAM

:

K.R.SHRIRAM, J.

DATE :

21st September 2015.

P.C.

1] On 4th March 2015, issues were settled and the plaintiff was directed to file his list of witnesses, affidavit in lieu of examination in chief together with compilation of documents and serve a copy thereof upon the defendants on or before 10th April 2015. The matter was stood over to 24th April 2015 for marking of

YBG suit3365-07 documents.

2] Today, though the matter was called out twice, once in pre lunch session and once in post lunch session, nobody has appeared for plaintiff in Suit No.3365 of 2007. Counsel for the defendants states that the plaintiff has not served upon the defendants the list of witnesses and affidavit in lieu of examination in chief and compilation even though there has been express direction. 3] In the circumstances, the suit No.3365 of 2007 stands dismissed. In so far as Suit No.195 of 2009, it is stood over to 1st October 2015 for marking of documents on which date plaintiff's first witness to remain present in court.

( K.R.SHRIRAM, J.) CERTIFICATE Certified to be true and correct copy of the original signed Judgment/ Order.