: 1 : SJ-199-08=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.199 OF 2008 IN SUMMARY SUIT NO. 2916 OF 2006 Kishordas Shamjibhai Mehta .. Plaintiff v/s. Choksi Tube Co. & Ors. .. Defendants ......... Mr. H.V. Chande for the plaintiff Mr. Nikhil Dawre i/by Udwadia & Udeshi for defendant nos. 1 to 3. ......... CORAM : R.Y.GANOO, J. DATE : 27st SEPTEMBER,2010. P.C. : 1. Learned Counsel for the defendants informs the Court that defendants are under BIFR. This chamber summons is pending since 2008. Today, it is not certain as to when defendants get out of BIFR. In view of the above, the present summons for judgment need not be kept pending and the same can be dispose of with liberty to plaintiffs to take out fresh summons for judgment as and when defendants are out of BIFR. As and when plaintiffs take out fresh summons for judgment, question of delay would not go against the plaintiffs and defendants will have to file affidavit-in-reply on merits only. Hence, following order is : 2 : SJ-199-08=.sxw passed to dispose of the summons for judgment. ORDER (i) Summons for judgment is disposed of with further orders that plaintiffs are free to take out summons for judgment as and when defendants are out of BIFR. (ii) When such new summons for judgment would be taken out, question of delay would not go against the plaintiffs and defendants can contest such summons for judgment only on merits. There shall be no order as to costs. (iii) Defendants to inform plaintiffs as and when the defendants are out of BIFR. (R.Y.GANOO, J.)