Final Order 1

Order Details: Other
Pdf Text: 08.04.2024 Coram : HHJ Shri V. S. Hingne, Additional District Judge,
(Court Room No.31 : Commercial Court, Mumbai)
Sr. No.4
Commercial
Suit No.
101145/2021
Kiran Metal V/s Naresh Punamia
All called, but absent.
Suit is filed on 14.03.2020, as Commercial Suit No.
1001145 / 2021, for recovery of Rs. 18,31,573/- with interest
@ of 18 % per annum.
My Learned predecessor has framed issues at Exh.6 on
06.10.2023 since the suit is pending for evidence of plaintiff.
Roznama shows that, plaintiff filed evidence affidavit on
01.12.2023. However, he did not filed List of documents.
Since then, plaintiff is continuously absent.
Vide roznama Orders 04.07.2023, 24.07.2023, 01.12.2023,
06.02.2024, 20.02.2024 and 29.02.2024, 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
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. 101145 / 2021, Kiran Metal V/s
Naresh Punamia, is dismissed for want of prosecution.
2. Order dictated and pronounced in open Court at 17.00
Hrs.
Judge
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