By an order of 08/11/2016, at the instance of the applicants, this court marked as withdrawn Miscellaneous Commercial Cause No. 131 of 2016 in which the defendants herein had applied for leave to appear and defend this summary suit. The learned Counsel for the applicants, had decided to withdraw the application after he was put to notice of a preliminary objection by the learned Counsel for the plaintiff herein to the effect that the application was hopelessly time barred. Having taken that course, the learned Counsel intimated to the court that he would file appropriate applications. When this suit was called on for necessary orders the learned Counsel for the defendants did not enter appearance. The learned Counsel for plaintiff prayed for summary judgment under the provisions of Order XXXV rule 2 (2) of the Civil Procedure Code [Cap 33 R.E. 2002]

