1 SJ908.03.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 908 OF 2003 IN SUMMARY SUIT NO. 2478 OF 2003 Gasket and Brake Parts Co. ... Plaintiffs. V/s. Mehta Transport Services (I) Ltd. ... Defendants. Mr. Sandeep A. Bhagwat for the Plaintiffs. Ms. Mahalapshmi Ganapathy i/b. Kalyani Parmar for the Defendants. CORAM : R.Y. GANOO, J. DATED : 18th OCTOBER 2010. P.C. :- Today, learned Counsel Mr. Bhagwat tendered additional affidavit to show that the firm is duly registered. Registration certificate is annexed. It mentions that the firm is registered with effect from 19th September 2005. Said affidavit is taken on record. The present Summons for Judgment came to be filed in the year 2003. 2. With these facts I have heard learned Counsels on both sides on the Summons for Judgment. 2 SJ908.03.sxw 3. The Defendants have been able to make out the case that when the Suit came to be filed, the Plaintiffs firm was not registered. Hence, on this ground, the Defendants are entitled to secure unconditional leave to defend. Needless to mention that it will be open for the Defendants to adopt appropriate proceedings for rejection of the plaint on the ground that the Suit is not maintainable for want of proper registration. Suffice it to say that today the Summons for Judgment will have to be disposed of by granting unconditional leave to the Defendants. 4. Hence, following order is passed to disposed of the Summons for Judgment :- (i) Unconditional leave is granted to the Defendants to defend the Suit. (ii) The Defendants to file written statement directly in the office on or before 22nd December 2010. Serve upon the Plaintiff copy of the same within 15 days from filing of the original written statement in the office. (iii) There shall be no order as to costs. (R.Y. GANOO, J.)