IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 881 OF 1997 M/s.Mohatta Globico Private Limited ...Plaintiffs Vs. M/s. Shaw Wallace & Co. Ltd. ...Defendants ----- Ms. Sunita Poddar for Plaintiffs Mr.Durgesh Jaiswal i/b. M/s. Kanga & Co. for Defendants ----- CORAM: V.M. KANADE J. DATED: 6TH JANUARY, 2010 P.C. 1. This is a Summary Suit which was filed in the year 1997. The summons for judgment has not been taken out by the Plaintiffs though the Defendants were served long time ago. 2. The learned Counsel appearing on behalf of the Defendants has invited my attention to a letter dated 29th December, 1999, written to the advocate of the Plaintiffs by the Plaintiffs informing him that the matter is amicably settled and, therefore, asking him to withdraw the summary suit. 3. Ms.Sunita Poddar, the learned Counsel for the Plaintiffs submitted that she wants to file the vakalatnama on behalf of the Plaintiffs. 4. In my view, it is not necessary to grant time to Ms. Sunita Poddar to file her vakalatnama in view of the letter, which is produced by the Counsel for the Defendants. The said letter is taken on record. Secondly, even otherwise, since summons for judgment has not been taken out within six months from the date of service of the writ of summons under Rule 227 of the High Court, Original Side Rules, the Suit is liable to be dismissed. The suit is, accordingly, dismissed for want of prosecution. 4. Matters of Ms.Sujata Poddar not to be placed before this Court hereinafter. (V.M. KANADE J.)