: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO.309 of 2008 SUMMONS FOR JUDGEMENT NO.309 of 2008 SUMMONS FOR JUDGEMENT NO.309 of 2008 IN IN IN SUMMARY SUIT NO.2389 OF 2006 SUMMARY SUIT NO.2389 OF 2006 SUMMARY SUIT NO.2389 OF 2006 M/s.Esay Tec (India) Pvt. Ltd. .. Plaintiffs. Versus M/s.Fortis Bank .. Defendants. Mr.Shamim for the plaintiffs. Mr.Vivek Vashi i/b.Bharucha & Partners for the defendants. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 20th November, 2008. DATE : 20th November, 2008. DATE : 20th November, 2008. P.C. :- P.C. :- P.C. :- 1. This summons for judgement is taken out much prior to granting chamber summons taken out by the defendants so as to condone the delay in filing Vakalatnama etc. In fact, this summons for judgement could not have been filed by the plaintiffs. 2. In view of this, plaintiffs are permitted to withdraw this summons for judgement with liberty to take out fresh summons for judgement. There shall be no order as to costs. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.) : 2 :