: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.37 OF 2007 IN SUMMARY SUIT NO.2767 OF 2002 Union of India ....Plaintiff V/s. M/s.Arab Financial Services Co.& Ors. ....Defendants Mr.A.D. Kango with Ms.Nisha Valani for the Plaintiff. Mr.Girish Thakkar i/b Advani & Co. for Defendant No.1. Mr.V. Nankani i/b Nankani & Associates for Defendant No.2. Ms.I. Ghosh i/b Horiyani & Co. for Defendant No.3. CORAM : S.J. VAZIFDAR, J. DATED : 27TH MARCH, 2008. P.C. : 1. This Notice of Motion has been taken out by Defendant No.2 for dismissing of the suit against it. It is contended that there is no cause of action against Defendant No.2. 2. Although prima-facie it appears that Defendant No.2 was not and has not been held by the authorities to be guilty of any offences in respect of the said travellers cheque, I am not inclined to allow this Notice of Motion. It is difficult to state at : 2 : this stage that the suit discloses no cause of action against Defendant No.2. It is true that Defendant No.2 was an agent of Defendant No.1 and that Defendant No.1 was a disclosed principle. However, the question will still remain as to whether Defendant No.2 is liable to Defendant No.1 in respect of the value of the traveller’s cheque under the agreement referred to inter-alia in paragraph 4 of the plaint. It will also have to be considered as to whether in any event the Plaintiff would be entitled to recover the amounts under the travellers cheque on the basis of Section 126 of the Customs Act. These issues must await the hearing of the suit. 3. The Notice of Motion is accordingly dismissed.