Bank Of Maharashtra v. Dipak H. Mistry And ORS

46.nms.3300.2011.s.2008.2001.08.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3300 OF 2011 IN SUIT NO. 2008 OF 2001 Bank of Maharashtra .. Plaintiffs Vs.

Dipal H. Mistry & Ors.

.. Defendants None for plaintiffs.

None for defendants.

CORAM : K.R.SHRIRAM, J.

DATED : 6TH OCTOBER, 2015 P.C.

The notice of motion is to recall the order of dismissal passed by this Court on 20.10.2011. The same reads as under : "The above suit was called out for framing of issues on 18th October, 2011 when none appeared for the Plaintiffs. In view thereof, the suit was directed to be placed on board today i.e. 20th October, 2011 under the caption "for dismissal". Today again none appear for the Plaintiffs. The suit is, therefore, dismissed for want of prosecution." Even today, nobody appeared for the plaintiffs even though the matter is called out twice.

The notice of motion, therefore, stands dismissed for want of prosecution.

(K.R. SHRIRAM, J.) Shraddha Talekar PA 1/2

46.nms.3300.2011.s.2008.2001.08.doc CERTIFICATE Certified to be true and correct copy of the original signed order/judgment.

Shraddha Talekar PA 2/2