mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1780 OF 2008 IN SUMMARY SUIT NO. 6138 of 1999 Shri Ratan N. Jain .. Plaintiff versus M/s.Maheshwari Poly Spin Prints Pvt.Ltd. & ors. .. Defendants ... Mr.S.K. Chaurasia i/b A.M. Saraogi for the plaintiff. CORAM : D.G. KARNIK, J DATED : 27th April 2009 P.C.: 1. This Chamber Summons is taken out by the plaintiff for setting aside the order dated 30th April 2008 dismissing the suit for non service of the summons on the defendants. . Though several opportunities were given, plaintiff did not take steps for service of the writ of summons on the defendants. Therefore, by an order 2 dated 30th April 2008, the suit was dismissed. The present Chamber Summons is taken out for setting aside that order. 3. The Chamber Summons is barred by limitation. The impugned order is passed on 30th April 2008 while Chamber Summons is registered on 5th December 2008. It is beyond the period of limitation of 30 days. There is no explanation of the delay caused. The record discloses that the affidavit in support of the Chamber Summons was sworn on 22nd December 2008 but the Chamber Summons was filed and registered on 5th December 2008. This delay after swearing of the affidavit shows gross negligence and is not at all explained. 4. Even on merits, I am not satisfied that there is sufficient cause for setting aside the order. The suit was filed in the year 1999. For nine long years, till the year 2008, the defendant nos.1 and 2 were not served with the writ of summons. Satisfactory explanation is not offered for this. In the circumstances, there is no reason for setting aside the impugned order. Chamber Summons is accordingly dismissed. 3 (D.G. KARNIK, J)