1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.352 OF SUMMONS FOR JUDGMENT NO.352 OF SUMMONS FOR JUDGMENT NO.352 OF 2003 IN IN IN SUMMARY SUIT NO.39 OF SUMMARY SUIT NO.39 OF SUMMARY SUIT NO.39 OF 2003 IAL Container Lines (UK) Ltd & ors.. Plaintiff versus AlRab Enterprises & ors .. Defendants Ms.Bharti Narichania i/b Vibha Juris Consultant for Plaintiff. CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED : 24th January 2005. DATED : 24th January 2005. DATED : 24th January 2005. P.C:- P.C:- P.C:- 1. This Summons for Judgment is taken out against the defendant nos. 2 to 4. According to the plaintiff, it carried goods for the defendant nos. 1 and 2 and issued bills. The defendants have not paid and therefore this suit. The defendant nos. 3 and 4 are said to be the partners of defendant no. 2 and hence liable. 2 2. The defendant nos. 2 to 4 have stated that the defendant no. 2 was acting only as an agent of defendant no.1 and therefore not liable. That apart, the defendant no. 2 has raised defences that freight has already been paid and therefore he is not liable. The bill of lading uses the words " prepaid" indicating that freight was prepaid. Therefore, the defence of the defendant nos. 2 to 4 that freight might have been paid cannot be said to be a defence which is a moonshine defence. In the circumstances, the defendants are required to be granted unconditional leave. Accordingly, the defendant nos. 2 to 4 are granted unconditional leave to defend the suit. The defendants to file the written statement within 6 weeks. Suit shall stand transferred to the list of commercial causes. D.G.KARNIK, J