The State Trading Corporation Of India Ltd. v. Masumi Overseas Pvt. Ltd. And 2 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION SUMMONS FOR JUDGMENT NO.90 OF 2012 IN COMMERCIAL SUMMARY SUIT NO.49 OF 2011 The State Trading Corporation of India Ltd.

.. Plaintiff v/s.

Masumi Overseas Pvt. Ltd. & Ors.

.. Defendants WITH NOTICE OF MOTION NO.84 OF 2020 COMMERCIAL APPEAL (L) NO.2265 OF 2022 INTERIM APPLICATION (L) NO.6681 OF 2021 IN SUMMONS FOR JUDGMENT NO.90 OF 2012 Ms. Laxmi Maria Jenkins for the plaintiff.

Mr. Dhairyasheel Sutar a/w Kruti Garg and Nirmal Pagaria for the defendants.

CORAM : A. K. MENON, J.

DATED : 27TH APRIL, 2022.

P.C. :

1. The Suit is filed by the plaintiff on the basis of pending export bills as described in the particulars of claim. Interest accrued till April Digitally signed by SANDHYA BHAGU WADHWA Date:

2022.04.29 15:48:35 +0530 SANDHYA BHAGU WADHWA 1/3

2011 is computed at 15% p.a. The learned counsel for the plaintiff submits that these invoices have been raised pursuant to an agreement in writing dated 15 th December, 2006 between the plaintiffs and the 1 st defendant company.

2. The 2 nd and 3 rd defendants are said to be Directors but are sought to personally made liable by virtue of the guarantees. Copies of the personal guarantees are also annexed. A decree is sought in a sum of Rs.87,24,63,640/- equivalent to USD 18966.601 at and then exchange rate. Interest is sought from the date of suit till payment. The invoices are said to be annexed to the plaint at Exhibit 'B-1' to 'B-13' and the details of these outstanding bills are said to be furnished in Exhibit 'C'.

3. Perusal of the invoices indicate that the exporter is shown as the Plaintiffs' but the assignee and buyers are third parties. In effect these invoices are not addressed to the defendant. Exhibit 'E' to the plaint is further set of identical invoices. The frame of suit clearly indicates that it is based on Pending export bills. The particulars of claim do not reveal how it can be related to the invoices in question all of which are not addressed to the 1 st defendant. Clearly triable issues arise. Hence, leave will have to be granted to defend the suit. Hence, the following order; 2/3

(i) Defendants are granted unconditional leave to defend the suit. (ii) Written statement to be filed within eight weeks from today. (iii) If written statement is not filed, list for exparte decree. (iv) Summons for Judgment is disposed in the above terms. (A. K. MENON, J.) 3/3