Mr.Abhishek Mehta v. M/S.Penna Cement Industries Limited

A.Nos.514 and 518 of 2021 in C.S.No.555 of 2015 and A.Nos.515 and 520 of 2021 in C.S.No.562 of 2015 A.Nos.514 and 518 of 2021 in C.S.No.555 of 2015 and A.Nos.515 and 520 of 2021 in C.S.No.562 of 2015 R.SUBRAMANIAN, J.

These four applications have been filed by the defendants 2 and 3 in the above two suits viz., C.S.Nos.555 of 2015 and 562 of 2015 seeking to strike out the names from the array of the parties on the ground that they cannot be made personally liable for the debts of the Company.

2. It is seen from the array of the parties in the respective plaints that the 1st defendant is a limited Company and the defendants 2 and 3 are the Managing Director and Director of the said Company. There is no pleading in the plaint that the defendants 2 and 3 would be personally liable for the debts of the Company.

3. In the light of the same the defendants 2 and 3 cannot be made personally liable for the debts of the Company. There is no claim that they have guaranteed payment of debts of the Company.

4. Hence, these four applications are allowed and the defendants 2 and 3 are struck off in the party array in C.S.Nos.565 and 562 of 2015. Page No.1/2 https://www.mhc.tn.gov.in/judis/

A.Nos.514 and 518 of 2021 in C.S.No.555 of 2015 and A.Nos.515 and 520 of 2021 in C.S.No.562 of 2015 R.SUBRAMANIAN, J.

dsa

5. It is stated that the defendant has filed applications for reopening the evidence and to recall the witness.

6. The Registry is directed to number those applications, if they are otherwise in order, and post on 02.08.2021.

19.07.2021 dsa A.Nos.514 and 518 of 2021 in C.S.No.555 of 2015 and A.Nos.515 and 520 of 2021 in C.S.No.562 of 2015 Page No.2/2 https://www.mhc.tn.gov.in/judis/