MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.132 OF 2007 IN SUMMARY SUIT NO.3135 OF 2006 M/s.Videocon Industries Ltd..........Plaintiff Versus Mr. Chandrakant Shah................Defendant Mr. L.V. Jain, for the Plaintiff. Mr. Bankim Desai for Defendant. CORAM: S.J.VAZIFDAR, J. CORAM: S.J.VAZIFDAR, J. CORAM: S.J.VAZIFDAR, J. DATED: 12TH AUGUST, 2008 DATED: 12TH AUGUST, 2008 DATED: 12TH AUGUST, 2008 P.C.: P.C.: P.C.: . The suit is filed to recover the price of the goods admittedly sold and delivered by the Plaintiff to the Defendant. The part payments for the same have been made. The sales were on the terms and conditions mentioned in the suit invoices. 2. The defence is that there was allegedly a money back scheme whereby the Plaintiff would refund a component allegedly representing the amount for rendering the services to the ultimate purchasers who are stated to be the clients of the Defendant. Even assuming that the scheme is established admittedly the refund was to be made by the Plaintiff to the customers and not to the Defendant. The Defendant allegedly refunded the amounts to the customers as the Defendant considered them to be valuable customers and considered it his moral duty MGN to do so. That act may be commendable on the part of the Defendant. However, in law the Defendant was not bound to do so. The Defendant ought to let the customers to take action in accordance with law for refund of the amounts due to them by the Plaintiffs. The payments, if made by the Defendant to the customers were at the Defendant’s risk. 3. In the circumstances leave to defend granted to the Defendant conditional upon the Defendant depositing in this Court a sum of Rs.90,000/- within twelve weeks from today. In the event the Defendant deposits the aforesaid amount, the suit to stand transferred to the list of Commercial Causes. The Defendant to file his written statement within 30 days. Discovery and inspection to be completed within four weeks thereafter. . On the said deposit being made, the Prothonotary & Senior Master to invest the same in any nationalised bank initially for a period of two years and shall renew the same thereafter for a period of one year from time to time. 4. In the event the Defendant fails to deposit the aforesaid amount, liberty to the Plaintiffs to apply for further orders. 5. Summons for Judgment stands disposed of MGN accordingly. ......