1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMONS FOR JUDGMENT NO.359 OF 2009 IN SUMMARY SUIT NO.847 OF 1998 Recordati Industria Chemica E Farmaceutica S.P. A....Plaintiff. Vs. Sun Pharmaceutical Industries Ltd. ...Defendant. ....... Mr.Ajit Shukla i/b. R.A.K. Najam-Es-Sani for the Plaintiff. Mr. Sanjay Udeshi with Mr.Vishal Talsania for the Defendant. ...... CORAM : DR. D.Y. CHANDRACHUD, J. September 14, 2009. P.C.: In a Summary Suit which has been filed in 1998, a Summons for Judgment has been taken out on 29th August 2009. The Plaintiff was aware, as far back as in 2002, when a letter was addressed by the Advocate for the Defendant to the Advocate for the Plaintiff, of the Defendant having been taken over by a Transferee Company. There is absolutely no explanation for the delay. Though the original Defendant was before the BIFR, it is common ground before the Court that even those proceedings ended in 2002. Even after 2002, there is a delay of nearly seven years which is not 2 explained. In the circumstances, unconditional leave to defend the suit is granted. The Written Statement shall be filed on or before 23rd November 2009. The suit shall be placed on board for framing issues on 7th December 2009. The Summons for Judgment is disposed of. ....