IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 160 OF 2004 NOTICE OF MOTION NO. 160 OF 2004 NOTICE OF MOTION NO. 160 OF 2004 in APPEAL NO. 894 OF 2003 APPEAL NO. 894 OF 2003 APPEAL NO. 894 OF 2003 AND APPEAL NO. 894 OF 2003 IN SUMMARY SUIT NO. 1770 OF 1990 Canara Bank, Mazgaon Branch. ... Appellants (Orig. Plaintiffs) Versus Shah Engineers & Ors. ... Respondents (Orig. Defendants) Mr.Sanjeev Kanchan i/b. M/s. Sanjeev Kanchan & Co. for the appellants. CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & J.H.BHATIA,JJ J.H.BHATIA,JJ J.H.BHATIA,JJ. DATE : 13th August, 2007. DATE : 13th August, 2007. DATE : 13th August, 2007. P.C. P.C. P.C. 1. Though there is delay in filing the appeal and from the record we find that the appeal has already been dismissed for non-removal of office objections, we heard learned Counsel appearing for the appellants. 2. By the impugned order, the suit has been dismissed for not taking out Summons for Judgment in a summary suit for a period of 13 years, while the requirement of rule is that the Summons for Judgment has to be taken out within a period of six months. We find no illegality in the order. The Motion and the Appeal are disposed of. -- (D.K.DESHMUKH,J.) (D.K.DESHMUKH,J.) (D.K.DESHMUKH,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)