1 sj397.10.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUMMONS FOR JUDGMENT NO. 397 OF 2010 IN SUMMARY SUIT NO. 2412 OF 2010 Mirc Electronics Ltd. ...Plaintiff Vs. M/s Seema Traders ...Defendants. Mr. S.S. Patwardhan i/by C.N. Chavan for the Plaintiff. Ms.Armin Wandrewala i/by Ms. Sutapa Saha for the Defendants. CORAM : A.A. SAYED, J. DATE : 9TH MARCH 2011. P.C. 1. The above Summons for Judgment is filed by the plaintiff seeking to obtain a judgment in the suit against the defendants for a sum of Rs. 17,97,981/- as per particulars of claim annexed to the plaint together with interest on the principal amount of Rs. 11,86,979/- at the rate of 18% p.a. from the date of filing of the suit till payment and/or realization of the amount. 2. The plaintiff is a company, registered under the Companies Act 1956 and having its business of manufacturing and marketing Televisions, Washing Machines, Micro Waive Ovens, Air Conditioners, etc., under the brand name and style "Onida" and "IGO". The defendants are authorized dealers of the plaintiff company. The defendants have been purchasing 2 sj397.10.sxw goods from the plaintiff company and selling the same in the market through their outlets. It is the case of the plaintiff that as per orders placed by the defendants, the plaintiff supplied various goods to the defendants from time to time. The plaintiff has relied upon various invoices for the period from 05-07-2007 to 16-08-2007. According to the plaintiff, the defendants have acknowledged the said invoices. One of such invoice dated 16-8-2007 is annexed as Exh. "A" to the plaint. 3. It is averred in para 12 of the plaint that the plaintiff's claim against the defendants arises out of a written contract. The plaintiff has also relied upon a dishonoured cheque bearing No. 181198 dated 21-8-2007 for a sum of Rs. 11,86,979/-, copy whereof is annexed to the plaint. 4. At the outset it is noticed that though the plaint avers that the plaintiff's claim is arising out of a written contract and for that purpose the plaintiff has relied upon the acknowledgment of the defendants on the invoices it is an admitted position that on the said invoices the rubber stamp appearing is not of the defendants "M/s Seema Traders", but that of one "M/s Seema Electronics". 5. Insofar as the dishonoured cheque is concerned, copy of which is annexed at Exh. "B" to the plaint, it is significant to note that though the cheque is dated 21-8-2007, the rubber stamp appearing on the said cheque bears seven-digit telephone numbers of the defendants instead of eight-digit numbers. The eight-digit number system was introduced by the telephone company sometime in the year 2002. This shows that the said cheque was a stale cheque. Hence, the contention of the defendants that the said cheque 3 sj397.10.sxw was issued sometime in 2002 merely for the purpose of continuance of the dealership, prima facie appears to be correct. 6. The defendants have denied the claim of the plaintiff. The defendants have also filed police complaint with the Senior Inspector, EOW,.G.B.C.B.,CID, Crawford Market, Mumbai, against the plaintiff in respect of a reconciliation statement dated 31-03-2007 alleging that the said reconciliation statement which allegedly bears the signature of the defendants is a forged, fabricated and bogus document. The plaintiff however has not relied upon the said reconciliation statement dated 31-03-2007 in the plaint, though according to the plaintiff, the said reconciliation statement bears the signature of the defendants and was forwarded to them by the plaintiff's letter dated 4-7-2007. Copy of the said letter dated dated 4-07-2007 is annexed by the defendants at Exh. 7 of their reply. 7. In the aforestated facts and circumstances, in my view, the defendants have raised triable issues and appear to have a substantial defence to defend the suit. I am therefore inclined to grant unconditional leave to the defendants to defend the suit. Hence, the following order : (i) The defendants are granted unconditional leave to defend the suit. ((ii) The suit shall stand transferred to the list of the suits of commercial causes. 4 sj397.10.sxw (iii) Written Statement to be filed within 30 days. (iv) Discovery and Inspection within 8 weeks thereafter. 8. Summons for Judgment to stand disposed of accordingly. ( A.A. SAYED, J. )