Order 1

Order Details: Other
Pdf Text: 29.09.2023 Coram : HHJ Shri V. S. Hingne, Additional Judge,
(Court Room No.31)
Sr. No.18
Commercial
Suit No.
101254/2021
Bank of India Vs Dinesh Vasant Palye
All called, but absent.
Suit is filed on 27.02.2020 as Commercial Suit No. 101254 /
2021 for recovery of Rs.17,86,116.58 /- with interest @ of
11.40 % per annum.
Defendant No.1 appeared on 13.12.2021. However, he failed
to file his Written Statement.
Hence, my Learned predecessor,Vide Order Dt. 10.03.2022,
directed the Suit to proceed without Written Statement of
defendant No.1.
Till date, plaintiff has failed to secure presence of defendant
No.2 who is resident of Thane.
Roznama shows that, plaintiff is regularly remaining absent.
Vide Order Dt.17.07.2023, 23.08.2023, plaintiff was
directed to take steps. Despite that, plaintiff failed to take
steps.
Sufficient time and opportunities were available to the
plaintiff for taking steps.
It appears that, plaintiff is not interested in trial and hence,
is not taking any steps. It is also not his case that, the
dispute is subjudice before the Honorable Appellate Court
and hence he is not taking any steps.
No reason is forthcoming for absence and inactivity of
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plaintiff. Therefore, no purpose would be served by keeping
the Suit pending for indefinite period. Hence, following
order is passed.
Order
1.Commercial Suit No. 101254 / 2021, Bank of India Vs
Dinesh Vasant Palye, is dismissed for want of prosecution.
2. Order dictated and pronounced in open Court at 16.30
Hrs.
Judge
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