: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1100 OF 2010 IN SUMMARY SUIT NO.2068 OF 2006 M/s. Prime Steel .. Plaintiffs v/s. M/s. Belim Steels Pvt. Ltd. .. Defendants ......... Mr. Jayesh Bhatt for the plaintiffs Mr. Virendra T. Dubey for the defendant s ......... CORAM : R.Y.GANOO, J. DATE : 14th JUNE, 2010. P.C. : 1. Two affidavits are filed by the learned for the plaintiffs, one is that of learned advocate appearing on behalf of the plaintiffs and other is of one Mr. Ishtiaque Ahmed Muktar Ahmed, partner of the plaintiffs. I have perused the said affidavits. I have also perused order dated 19th December, 2006 by which decree came to be passed : 2 : against the defendants. Perusal of the said order, in my view, indicates that the learned Judge was inclined to pass the decree against the defendants on the basis that the Summons for Judgment has been duly served and affidavit in support of the same is going to be filed within a week from the time given. Since no affidavit of service is filed within weeks time, it is clear that the plaintiffs have not complied with the undertakings. In my view, looking to the over all circumstances, this is a fit case where defendants must get chance to defend the suit on merits. Hence, I am inclined to grant notice of Motion. Hence, the following order is passed in the notice of motion. ORDER (i) Notice of Motion is made absolute in terms of prayer clause (a) and (b). (ii)Decree dated 19th December, 2006 is set aside. Summons for Judgment No.438 of 2006 is restored to the file of this Court and is set down for final hearing on 28th June, 2010. : 3 : (iii) Parties to complete the pleadings in the meantime. There shall be no order as to costs. (iv) Defendants to serve copy of the affidavit in reply upon learned advocate for the plaintiffs on or before 21st June, 2010. (R.Y.GANOO, J.)