1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO. 198 OF 2008 IN SUMMARY SUIT NO. 661 of 2008 M/s.Victor & Bros.(Agents)Mumbai .. Plaintiff versus Mr.Nixon George, Thakurli .. Defendant ... Mrs.Indrayani Kopankar for the plaintiff. Mr.Jayesh Bhatt for the defendant. CORAM : D.G. KARNIK, J DATED : 3rd April 2009 P.C.: 1. Heard leaned counsel for the parties. 2. This Summons for Judgement is taken out by the plaintiff in a suit for recovery of charges of the services rendered. According to the plaintiff, it acted as a clearing agent of the customs of the goods imported by the defendant on transfer of 2 residence. The plaintiff sent the bill and the defendant failed to pay and therefore plaintiff has claimed the amount of the bill. 3. The defendant has contended that he had not appointed the plaintiff as a clearing agent. The goods were booked through Al-Amal Travel and Cargo WLL at Bahrain and the charges for transportation as well as the customs clearing were paid to Al-Amal by the employer of the defendant. The defendant has produced on record copies of the bill and quotation from the Al-Amal at Exhibit-1 and 2 to the reply. 4. Prima facie the defence raised by the defendant cannot be said to be a moon shine defence. The question whether the defendant had appointed the plaintiff as its clearing agent requires consideration. This cannot be done in a summary manner. In the circumstances, defendant is granted unconditional leave to defend the suit. The defendant shall file written statement within 10 weeks. Suit shall stand transferred to the list of commercial causes. (D.G. KARNIK, J)