Final Order 1

Order Details: Other
Pdf Text: 06.11.2023 Coram : HHJ Shri V. S. Hingne, Additional Judge, (Court
Room No.31)
Sr. No.37
Commercial
Suit No.
100505/2021
Indian Overseas Bank Vs M/s. Ajitnath Estate Pvt. Ltd.
All called, but absent.
Suit is filed on 29.11.2019 as Summary Suit No. 100295 /
2020 for recovery of Rs.42,64,110/- with interest @ of
13.50 % per annum.
Thereafter, Suit got renumbered as Commercial Suit No.
100505 / 2021.
Till date, plaintiff has failed to secure presence of
defendants who are resident of Mumbai.
Roznama shows that, plaintiff is regularly absent.
Vide Order Dt. 16.04.2022 and Dt. 30.08.2023, 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.
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. 100505 / 2021,
Indian Overseas
Bank Vs M/s. Ajitnath Estate Pvt. Ltd., is dismissed for want
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of prosecution.
2. Order dictated and pronounced in open Court at 17.15
Hrs.
Judge
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