GURMEET SATWANT SINGH Vs. MEERA GUPTA

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India is directed against an order dated 09.08.2018 passed by the Additional District Judge-02 [West], Tis Hazari Courts, Delhi in CS-119/2017 (New No.699/2017), whereby the Trial Court has dismissed the application of the petitioners herein [defendant nos. 2 to 4 in the suit] for deletion of their names from the array of parties in the suit.

(2.) The plaintiff/respondent filed a suit for recovery of sum of Rs. 37,49,000/-, wherein four parties were arrayed as defendants. Defendant no. 1 is M/s. Gurind Systems Pvt. Ltd., a company incorporated under the relevant provision of the Companies Act, 1956, and defendant nos. 2 to 4 are stated to be the directors of the said company.

(3.) The cause of action pleaded in the suit is that the "defendants" used to place orders for supply of material from the plaintiff and were liable for making payment against the invoices issued by the plaintiff in respect of those supplies. The plaintiff/respondent annexed with the plaint copies of various bills/ invoices. It was further alleged that the "defendants" had issued 7 cheques in favour of the plaintiff/respondent out of which four cheques were dishonoured. According to the plaintiff/respondent, the remaining three cheques were not presented, at the instance of the defendants. The plaintiff claims that the sum of Rs. 35,39,820/- is outstanding in terms of a running account, alongwith interest thereupon, as well as the value of C-forms. The further averment of the plaintiff/respondent is that she has come to know from reliable sources that, with a view to evade payment of their liability to her, the defendants/petitioners are selling their factory located in Himachal Pradesh.