Chandka 1 SJ-183-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 183 OF 2010 IN SUMMARY SUIT NO. 2744 OF 2009 General Instruments Consortium ..Plaintiffs versus System & Components (India) Pvt. Ltd. ..Defendants Mr. Ajay K. Vora for Plaintiffs. Mr. E. K. Sasidharan for Defendants. CORAM : DR. D. Y. CHANDRACHUD, J. 14 March 2011. P.C. : The suit is for the recovery of an amount of Rs.5,36,799.50 inclusive of interest due under three invoices dated 24 May 2006 for Rs.45,449.50; 24 May 2006 for Rs.2,27,49.75 and dated 16 August 2006 for Rs. 2,63,900.25. These invoices are in respect of goods supplied and delivered by the Plaintiffs to the Defendants. The defence is that prior to the transaction in question which related to the purchase of Temperature Transmitters, the Defendants had placed two orders upon the Plaintiffs on 2 February 2006 and 12 March 2006 for 75 Pressure Transmitters and had Chandka 2 SJ-183-10 paid the entire amount of Rs.5,10,329/- by cheque dated 14 June 2006. According to the Defendants out of the 75 items supplied, 49 were returned back to the Plaintiffs by Delivery Challans dated 17 July 2006 and 16 September 2006 since the goods were faulty and debit notes were raised upon the Plaintiffs. Hence according to the Defendants, they are entitled to adjust the amount due in respect of goods which were returned in respect of the previous invoices against the amounts which are due and payable to the Plaintiffs in respect of the invoices to which the suit relates. 2. The defence which has been set out in the Affidavit in Reply does raise triable issues. The fact that the Defendants returned 49 items under the previous supply of goods and raised debit notes is not in dispute. Hence unconditional leave to defend the suit is granted. Written Statement, if any, shall be filed within a period of four weeks from today. The suit shall be placed on board for framing issues on 2 May 2011. The Summons for Judgment is disposed of. (Dr. D. Y. Chandrachud, J.)