S SARASWATHI Vs. M TYAGARAJU REDDY

JUDGEMENT

(1.) IN this batch of civil miscellaneous appeals, the appellants challenge the judgments dated 17. 1. 2008, rendered by the Court of ii Additional District Judge, Kadapa, at proddatur, in appeals preferred by the respondents, in OS Nos. 41, 51, 50, 52, 42, 53, 48, 47, 43. 40, 39 of 2001, respectively, on the file of the Court of Senior Civil judge, Proddatur.

(2.) THE appellants filed the respective suits against the respondents for recovery of certain amount, covered by promissory notes. The 1st respondent is an individual, whereas the 2nd respondent is a Private limited Company. Incidentally, the 1st respondent is the Chairman and Managing director of the 2nd respondent-Company. The suits were opposed on several grounds. The trial Court decreed the suits through judgments dated 30. 1. 2004.

(3.) THE respondents filed AS Nos. 44, 46, 37, 29, 31, 36, 38, 45, 33, 41 and 32 of 204, respectively, before the lower Appellate court. Apart from assailing the judgment and decree of the trial Court, on merits, it was urged by them, that once a suit is filed against a Limited Company, the chairman and Managing Director of that company cannot be held individually responsible for the claim. The lower appellate court accepted the contention and observed that the decrees passed against the 1st respondent, in the respective suits, in his personal capacity, cannot be sustained. For further adjudieation of the dispute, on merits, the lower appellate Court through orders dated 17. 1. 2008, remanded the matters to the trial Court for fresh consideration and disposal. The appellants feel aggrieved by the orders of remand, as well as the observations made by the lower appellate court, as to the liability of the 1st respondent herein.