Final Order 4

Order Details: Other
Pdf Text: 28.07.2023 Coram : HHJ Shri V. S. Hingne, Additional Judge, (Court
Room No.31)
Sr. No.22
Commercial
Suit No.
100138/2019
M/s. AAS Udyog Through Mrs. Sarita Chandak Vs Union Of
India Through Chief Engineer Western Railways
Plaintiff side called, but absent.
Adv. Aman Batar present for defendant No.1.
Perusal shows that, the plaintiff preferred present Commercial
Suit No. 100138 / 2019 against defendant No.1 Union of India /
(Chief Engineer) Western Railways and Defendant No.2 Catholic
Syrian Bank Ltd for invocation of Bank Gurantee of .	₹
10,00,000/-and permanent injunction against defendant No.1 and
defendant No.2.
Suit is filed on 25.09.2019. Roznama shows that, plaintiff was
present on 16.12.2019 and thereafter on 31.08.2021. Thereafter,
plaintiff did not appeared before the Court to take steps.
Perusal shows that my Learned Predecessor had framed Issues on
06.10.2022 and on 20.02.2023. However, because of absence of
the plaintiff, there is no progress regarding recording evidence.
Today defendant Shri Aman Batar has filed pursis at Exh.12
stating that, dispute is not subjudiced before Hon’ble High Court.
Plaintiff has arrayed Union of India / Western Railways as
defendant. Hence, it was necessary for plaintiff to take expeditious
steps so that, there is progress in the suit. The plaintiff had
sufficient time and opportunities to take steps. Despite that, the
plaintiff has failed to take steps.
There is no explanation from plaintiff for his absence and
inactivity. In that backdrop, Suit cannot be kept pending for
indefinite period. Hence, Suit is disposed off by following Order :
ORDER
1. Commercial Suit No. 100138 / 2019, Aas Udyog Vs. Union of
India, is dismissed for want of prosecution.
2. Order dictated and pronounced in open Court at 16.00 Hrs. in
presence of defendant Adv. Aman Batar.
Judge
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