1. ' This is a suit under Order 37, C.P.C. For recovery of rs1,70,813 against defendant No,1, a private Limited Company and other defendants who are stated to be Directors and Employees of defendant No,1. The case of the plaintiff is that they supplied textile "AHRAMS" valued at rs1,70,813 to the defendant No,1, who issued two post dated cheques of 17-5-1989 for sums of rs45,000 and rs125,000 respectively in their favour. These cheques were presented to the Bank for enhancement but were dishonoured. Before the institution of the suit the plaintiff served the defendants with the legal notice of demand but the same was of no avail.
2. ' The defendants have been duly served. According to Mr. Zamiruddin Ahmed, defendants Nos.2 to S are personally liable for the debt incurred by defendant No,1 as the said defendants and Directors/Officers of defendant No,1. Learned counsel has failed to satisfy me how defendants Nos.2 to 5 can be made personally liable for the goods supplied by them to defendant Nal which is a private Limited Company. Admittedly the cheques were .Also issued by defendant No,1 to the plaintiff. Hence I cannot grant a decree against defendants Nos.2 to 5. The suit against them is dismissed.
3. I have gone through averments made in the plaint against defendant No,1, which have been verified on oath by the plaintiff. The plaintiff has also filed original documents including the said two cheques today in the Court. I A am satisfied that the plaintiff has made out a case against defendant. No,1. No application for leave to defend the suit has been filed by the defendant No,1.
4. Accordingly I pass a decree under Order 37, Rule 2, C.P.C. Against defendant No,1.