IN

IN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY

ORDINARY

ORDINARY ORIGINAL CIVIL JURISDICTION.

ORIGINAL CIVIL JURISDICTION.

ORIGINAL CIVIL JURISDICTION.

SUIT NO. 182

OF 1982.

Metal Scrap Trade Corp. Ltd.

.. Plaintiff

V/s.

TPS Shipping Co.P.Ltd & 2 ors

... Defendants

Shri S. Rego i/b Crawford Bayley & Co. for the

Plaintiff.

None for the defendants.

CORAM

CORAM

CORAM : V.C.DAGA, J.

: V.C.DAGA, J.

: V.C.DAGA, J.

DATED

DATED

DATED : 19.1.2006.

: 19.1.2006.

: 19.1.2006.

P.C.

P.C.

P.C. : : :

----

----

----

.

In this suit, issues were settled by this

Court

on

3.10.2003.

On

the

same

day,

parties

were

directed

to

file

affidavit

of

documents,

list

of

witnesses

and

affidavit

of

evidence

by

4.12.2003.

On

16.10.2003,

when

this

matter

was

listed,

Counsel

for

the

plaintiffs

reported

no

instructions.

Even

defendants

were

not

present

and

they

did

not

file

documents, list of witnessess and/or affidavit of

evidence which they were supposed to file.

.

Since time to comply with the order dated

3.10.2003

was

available

till

4.12.2003,

nobody

had

appeared

on

behalf

of

the

defendants

with

the

result

this

matter

was

adjourned

to

11.12.2003

and

plaintiff

was

again

directed

to

file

affidavit

of

documents

and

affidavit

of

evidence,

if

any,

so

as

to enable the defendant to cross-examine the

plaintiff.

.

This suit was again adjourned to 7.1.2004.

On

that

day

also,

nobody

had

appeared

on

behalf

of

the

defendant.

However,

advocate

for

the

plaintiff

had

sought

time

to

file

affidavit

and

list

of

witnesses

till

22.1.2004

which

was

granted.

But

plaintiff did not file any document or affidavit in

support thereof.

.

Learned counsel for the plaintiff submits

that

inspite

of

letters

addressed

by

him

to

the

plaintiff

dated

4.12.2003,

12.12.2003,

followed

by

letter

dated

13.1.2004,

he

did

not

get

instructions

from

the

plaintiff.

Copies

of

letters

dated

4.12.2003, 12.12.2003, 13.1.2004 are placed on

record.

.

Today, when this suit was called out for

recording

evidence,

plaintiff

is

absent.

None

of

the witnesses of the plaintiff is presen. No

affidavit of evidence is on record.

.

Learned Counsel for the plaintiff is not in

a

position

to

proceed

with

the

evidence.

Learned

Counsel

for

the

plaintiff

prayed

for

adjournment

but

no

justifiable

ground

for

adjournment

has

been

made

out. Prayer for adjournment is, therefore,

rejected.

.

At this stage, Counsel for the plaintiff

sought

discharge

from

the

case.

However,

in

absence

of

compliance

of

the

provisions

of

Advocates

Act,

advocate cannot be allowed to take discharge in this

manner. Prayer made is, thus, rejected.

.

In the above view of the matter, I have no

option

but

to

dismiss

the

suit

for

want

of

evidence

in

support

of

suit

claim.

Suit

stands

dismissed

with no order as to costs. Decree be drawn

accordingly.

(V.C.DAGA,J.)

(V.C.DAGA,J.)

(V.C.DAGA,J.)