1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMONS FOR JUDGMENT NO.272 OF 2009 IN SUMMARY SUIT NO.457 OF 1998 M/s.Ashok Sharma & Associate Pvt. Ltd. ...Plaintiff. Versus M/s.Jaya Advertising Agency & Anr. ...Defendants. ....... Mr. Hemant Sethi for the Plaintiff. Mr. M.L. Palan with Ms.Devyani i/b.B.R. Oza & Co.for Defendant No. 2. ...... CORAM : DR. D.Y. CHANDRACHUD, J. August 6, 2009. P.C.: In a Summary Suit instituted under Order 37 of the Code of Civil Procedure, 1908 on 12th December 2001, a Summons for Judgment was taken out. The Summons for Judgment (S.J. 1322 of 2001) was dismissed as withdrawn on 12th March 2003 with liberty reserved to the Plaintiff to take out a fresh Summons for Judgment after the plaint was amended. The Chamber Summons for the amendment of the plaint (Chamber Summons 888 of 2009) was taken out nearly six years thereafter. The Chamber Summons was allowed on 25th June 2009 and leave was granted to amend the Plaint. A 2 fresh Summons for Judgment has now been taken out on 21st July 2009. There is merit in the submission that has been urged on behalf of the Second Defendant that there is an unexplained delay in taking out the Summons for Judgment. After the earlier Summons for Judgment was allowed to be withdrawn on 12th March 2003, an application for amendment of the plaint was made only in 2009. There is no justification for this delay. In these circumstances, unconditional leave to defend the suit shall have to be granted to the Defendants. Ordered accordingly. Written Statement shall be filed within a period of four weeks from today. The suit shall be placed on Board for framing issues on 9th September 2009. The Summons for Judgment is accordingly disposed of. .....