: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS OF JUDGMENT NO.366 OF 2008 IN SUMMARY SUIT NO.3069 OF 2006 Asia Today Limited & Anr. .. Plaintiffs v/s. Bell Granito Ceramics Ltd. & Anr. .. Defendants ......... Ms. Somaya Srikrishna i/by PDS Legal for plaintiffs Mr. S.G. Gokhale for defendant no.1. ......... CORAM : R.Y.GANOO, J. DATE : 5TH APRIL, 2010. P.C. : 1. The plaintiffs have instituted this suit against defendant nos. 1 & 2. Vakalatnama came to be filed on behalf of defendant no.1 through his advocate in November, 2006. Thereafter, the summons for judgment has been taken out in the year 2008 i.e. on 15th November, 2008. The summons for judgment is duly served on defendant no.1 Defendant no.1 has filed affidavit in reply opposing the summons for judgment. The summons of judgment has not been served upon defendant no.2 though it was taken out way back in the year 2008. I am informed that chamber order is being obtained for effecting service upon defendant no.2 by substituted service. : 2 : 2. I have heard learned advocates on both sides. The summons for judgment can be disposed of on a short point namely taking out summons for judgment at a belated stage. When defendant no.1 filed Vakalatnama in the year 2006, the plaintiffs were expected to take out summons for judgment immediately thereafter or at least within 6 months. In the affidavit in support of the summons for judgment, no explanation was given as to why the summons for judgment is taken out after 2 years. In my view, on this ground the defendant no.1 is entitled to unconditional leave to defend. In so far as defendant no.2 is concerned, steps have not been duly taken to serve summons for judgment. In my view, on this ground unconditional leave to defend will have to be granted. Hence, summons for judgment is disposed of by passing following order. ORDER (i) Defendant nos.1 and 2 are granted unconditional leave to defend. Each of the defendants to file written statement in the Court directly on 21st June, 2010. Suit is adjourned to 21st June, 2010 for filing written statements. [R.Y.GANOO, J.]