*1* sj.259.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.259 OF 2009 IN SUMMARY SUIT NO.58 OF 2009 M/s J.M.Baxi and Company. ..Plaintiff -Versus- M/s Pranay Agencies Pvt.Ltd.. ..Defendant .......... Ashish Kamath i/b A.Mehta Laljee & Company, for the Plaintiff. Ms.Manju Sharma i/b Amol Doijode, for the Defendant. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 13th October, 2010. P.C. 1 The suit is filed as a summary suit to recover brokerage commission. 2 Admittedly, the Plaintiff-broker is not a party to the charter- party agreement that is between the Defendant and the owner of the vessel. However, reliance is placed on a clause in the charter party which speaks of commission payable to the Plaintiff for his services rendered as a broker. 3 According to Mr.Kamath, the claim of the Plaintiff is for a liquidated sum and is based on the written contract, therefore, the suit is maintainable as a summary suit. 4 I have my own doubt as to this assertion. When the Plaintiff states in the plaint itself that the document is not between him and the Defendant but that he had rendered his services as a broker between the owner of the vessel which is a Japanese Company viz. M/s Kokusai *2* sj.259.09 Shipping Agency Limited and the Defendants who are charterers. Once the Plaintiff relies on the charter party and states that under this document, to which he is not a party, there is amount due and payable which is ascertained and determined that by itself gives rise to triable issues. There is a contention of the Defendant on the plea of jurisdiction as well. This is a clear case wherein on the basis of the averments in the plaint, a triable issue arises. 5 In such circumstances, the Defendant is granted unconditional leave to defend the suit. Accordingly, the summons for judgment is disposed of with usual direction to file the Written Statement. The suit is transferred to the list of commercial causes. (S.C. Dharmadhikari, J)