High Court of Punjab and HaryanaCR/1012/2015dismissed

Manjit P Singh v. M/S Bharat Saw Mills And ORS

2015-02-13Mr. Justice S.P. Bangarh2 pages

CR 1012/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:13.02.2015.

Manjit P.Singh .............Petitioner v.

M/s Bharat Saw Mills and others .............Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Rakesh Bhatia,Advocate for the petitioner Jaswant Singh,J.(Oral) Managing Director/defendant no.2 of defendant no.1Company is in revision under Article 227 aggrieved by the order dated 3.1.2015 (P-6) passed by learned Additional Civil Judge (Senior Division) Panchkula whereby his application under Order 7 Rule 11 CPC for dismissing the suit as not maintainable qua him, has been dismissed.

It is apparent that the respondents/plaintiffs had filed a suit for recovery of Rs.3,64,990/- on account of unpaid bills and a sum of Rs.1,29,990/- as lease charges alongwith interest etc. Stand of defendant no.2/petitioner is that the petitioner in his capacity as Managing Director cannot be held personally liable for the said claims. The learned trial Court has while dismissing the application recorded that it cannot be ascertained at this stage as to whether the defendant no.2 did any act for which he can be personally made liable towards RAJINDER PRASHAD JOSHI 2015.02.13 16:01 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CR 1012/2015 plaintiff. It has noticed that the said issue can only be decided after the evidence has been led by both the parties.

After arguing for sometime and having failed to convince the Court, learned counsel seeks permission to withdraw the present revision petition.

Dismissed as withdrawn.

13.02.2015 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.02.13 16:01 I attest to the accuracy and authenticity of this document High Court, Chandigarh.