1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.2128 OF 2009 IN SUMMARY SUIT NO.4695 OF 1997 WITH SUMMONS FOR JUDGMENT NO.224 OF 2009 Tube Investments of India Limited ..Plaintiff. Vs. Gulf Oil India Limited ..Defendants. .... Mr. Farhan Dubash i/b M/s. Federal & Rashmikant for the Plaintiff. Mr. Ashish Kamath i/b Crawford Bayley & Co. for the Defendants. .... CORAM : DR. D.Y. CHANDRACHUD, J. 29th June, 2009. P.C. : The Motion has been taken out for condoning the delay of 11 years and 274 days in filing a Summons for Judgment in a Summary Suit under Order 37 of the Code of Civil Procedure 1908. The underlying basis of the provisions of Order 37 is to provide an expeditious remedy for the recovery of certain categories of claims which fall within the purview of the statutory provisions. In view of this object, the legislature has made specific provisions laying down the time schedule that has to be followed. 2 In paragraph 3 of the affidavit in support it has been stated that the Plaintiffs realized that they had paid excess Court fees of Rs.11,671/- and filed a Judge’s Order for refund upon which an order was passed on 22nd August, 1998. It has been stated that the Defendants had filed a Chamber Summons for condonation of delay in entering appearance in April 1998. This too does not explain the delay on the part of the Plaintiff between 1998 and 2009. In paragraph 4 it has been stated that the office of the advocates of the Plaintiff has shifted in 1999-00 and that the papers were misplaced. There is absolutely no explanation as to why the Plaintiff was negligent in not following up the matter for over 11 years since the institution of the proceedings. Absolutely no case for condonation has been made out. The Notice of Motion shall accordingly stand dismissed. The suit shall in these circumstances stand transferred to the list of long cause suits. Written statement shall be filed within a period of 12 weeks from today. In view of the disposal of the Notice of Motion for condonation of delay, Summons for Judgment 224 of 2009 shall stand dismissed. *****