Final Order 3

Order Details: Other
Pdf Text: 20.11.2023 Coram : HHJ Shri V. S. Hingne, Additional Judge,
(Court Room No.31)
Sr. No.5
Commercial
Suit No.
100262/2019
Exh.15
M/s Alchemie Financial V/s Manilalbhai Rambhiya
Plaintiff side called, but absent.
Adv. Hardik Dessai present for defendant.
Exh.15 - Pursis filed by defendant stating that, both
plaintiff and defendant had settled the dispute and
accordingly, defendant has paid Rs. 53,41,250/- on
06.05.2023 to the plaintiff. Hence, the plaintiff be
directed to withdraw the suit.
Perusal of roznama shows that, my Learned Predecessor
vide Order Dt. 03.02.2023 had directed the plaintiff and
the defendant to conclude the evidence by 19.04.2023.
Thereafter, the plaintiff appeared only on 06.03.2023 and
then on 29.04.2023, wherein the plaintiff filed affidavit
of its witness but did not exhibited the document.
Roznama Dt. 03.05.2023 further shows that, my Learned
Predecessor directed the plaintiff to serve the copy of
evidence affidavit on the defendant. Apart from these
two dates of 06.03.2023 and 29.04.2023, the plaintiff is
continuously absent.
Vide Order Dt. 19.07.2023 and 06.09.2023, the 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.
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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. Considering all these factors and further
considering Pursis at Exh. 15 filed today by the
defendant, no purpose would be served by keeping the
Suit pending for indefinite period. Hence, following
order is passed.
Order
1. Commercial Suit No. 100262 / 2019, M/s Alchemie
Financial V/s Manilalbhai Rambhiya, is dismissed for
want of prosecution.
2. Order dictated and pronounced in open Court at 16.40
Hrs.in presence of Adv. Shri Hardik Desai.
Judge
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