abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 291 OF 2007 IN SUMMARY SUIT NO. 1349 OF 2007 M/s Lissome Cosmetics Pvt. Ltd. .. Plaintiff V/s M/s G. Kay Enterprises & Ors. .. Defendants Mr.M.R. Nair for the plaintiff. Ms. Kavita Shah for the defendants. CORAM : D.G. KARNIK, J. DATE : 22ND APRIL 2009 P.C. P.C. P.C. : 1. Heard the learned counsel for the parties. 2. In my view, the defence of the defendant raises triable issues and the defence cannot be said to be merely illusory for the reasons briefly indicated below. 3. The defendants were appointed as stockists by the plaintiff. The plaintiff has also stated so in para - 2 - 2 of the plaint. According to the defendants, the price was to be paid only after the stock was sold by the defendants in the market. The stock was unsaleable and correspondence was exchanged between the parties in which the plaintiff had agreed to take back the unsold stocks. The cheques were issued by the defendants after about 15-20 days of the receipt of the stock in anticipation of the sale in the market and could not be encashed till the stocks were sold. 4. In my view, the defendants are entitled to unconditional leave to defend the suit. The defendants are granted unconditional leave to defend the suit. 5. The suit is transferred to the list of commercial causes. The defendant shall file the written statement within 10 weeks. (D.G. KARNIK, J.)