1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.684 OF 2004 IN SUMMONS FOR JUDGMENT NO.21 OF 2003 IN SUMMARY SUIT NO.3812 OF 1999 Tessival S.P.A. ...Appellant vs. Siyaram Silk Mills Ltd. ...Respondent --- Mr.Gaurav Joshi with Mr.Vikash Kumar i/b. Mustafa S. Motiwala, for Appellant. Mr.A.Y.Bookwala i/b. Mr.P.G.Panjabi, for Respondent. --- CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 5th March,2009. P.C.:- By consent of parties, the appeal is disposed of in the following terms:- 2 1. The order impugned in the appeal is set aside. 2. Summons for judgment no.21 of 2003 taken out in Summary suit no.3812 of 1999 is disposed of by granting the defendant unconditional leave to defend the suit. Written statement be filed within a period of four weeks from today. 3. The learned Single Judge dealing with the suit is requested to hear and dispose of the suit as expeditiously as possible. 4. Liberty to the parties to mention the matter before the learned Single Judge immediately after the written statement is filed. (D.K.DESHMUKH, J.) (A.A.SAYED,J.) ---