1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summons for Judgment No. 156 of 2009 in Summ.Suit No. 3828 of 1993 P.Vithaldas ..Plaintiff vs. S.T.M.Fabrics ..Defendants Ms.Prachi Khandge i/b M.P.Vashi and Associates for plaintiff Mr.Vaibhavb Sugdare with Ms.Asmita Mhatre with Ms.Swati Agarwal i/b Khatain and Jayakar for defendant. CORAM: S.J.KATHAWALLA J. 11th June, 2009 P.C. 1 The above suit was filed by the plaintiffs in the year 1993 to recover from the defendants certain out-standings for the goods sold and supplied by the plaintiff to the defendants. 2 An exparte decree was passed against the defendants on 7th March, 1994 which was set aside on 4th August, 1995 on condition 2 that the defendants would deposit an amount of Rs.2,00,000/- in this Court and further orders regards which would depend on the outcome of the summons for judgment. 3 The Summons for Judgment is taken out 14 years after the exparte decree was set aside and the defendants deposited Rs. 2,00,000/- in Court. No explanation is given explaining the delay in taking out the summons for judgment. 4 I have heard the learned advocates appearing for the parties. Admittedly, the plaintiff was maintaining a running account of the defendant. The suit is, therefore, filed to recover amounts due and payable to the plaintiffs by the defendant at the foot of the account. In view thereof, the defendants are granted unconditional leave to defend the suit. The defendants to file their written statement within three weeks from today. 3 5 In view of the unconditional leave granted to the defendants to defend the suit, the defendants will be at liberty to withdraw the amount of Rs.2,00,000/- deposited by them pursuant to the order dated 4th August, 1995. in the above suit, with accrued interest thereon. 6 List the suit for framing of issues on 1st July, 2009. 7 Summons for judgment stands disposed of with no order as to costs. (S.J.KATHAWALLA J.)