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Bombay High CourtNMS/3757/2011dismissed

Navinchandra K. Shah And ANR. v. Stephen Rajaratnam And ORS.

2016-06-10Hon'Ble Shri Justice S.J. Kathawalla2 pages

nms 3757 of 2011 (916).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3757 OF 2011 IN SUIT NO.1812 OF 1983 Navinchandra K. Shah and Anr.

...

Plaintiffs versus Stephen Rajaratnam and Ors.

...

Defendants None for Plaintiffs.

Mr. Santosh Pathare, for Defendant Nos.4 and 5. CORAM: S.J. KATHAWALLA, J.

DATE: 10th JUNE, 2016 P.C.:

1.

The above Notice of Motion is taken out by the Plaintiffs for the following reliefs :

"(a)the delay if any, in taking out the present Notice of Motion be condoned;

(b)that the order dated 14 th November, 2011 passed by His Lordship Mr. Justice D.G.Karnik dismissing the aforesaid suit under Order XI Rule 2 of the Code of Civil Procedure be set aside and the suit be restored to file";

2.

The Notice of Motion was called out for hearing on 6 th June, 2016, when none appeared for the Plaintiffs. In view thereof, the matter was adjourned to 10-06-2016 i.e. today. Today when the Notice of Motion is called out, again none ssp 1/2

nms 3757 of 2011 (916).sxw appear for the Plaintiffs. In view thereof, the Notice of Motion is dismissed for want of prosecution.

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