1 ss1952-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1952 OF 2010 Bank of Baroda ....Plaintiff V/s. M/s.Alien’s Impex Pvt. Ltd. & Anr. ....Defendants Ms.Purnima Pandit for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 30TH NOVEMBER, 2011. P.C. :- 1. The suit is filed to recover the amounts due under a bill purchase facility. The parties executed the usual documents including a request letter, demand promissory note and a letter of continuing the security. 2. Considering the nature of the transaction and the above facts, I do not consider it necessary to permit the plaintiff to lead evidence of their witness. The affidavit in lieu of the examination in chief of the plaintiff’s witness was therefore, returned. 3. Defendant No.2 is only a director of defendant No.1. He admittedly signed the documents only as a director of defendant No.1 without undertaking any personal liability. The plaintiff has relied upon 2 ss1952-10 a cheque drawn by the third party in favour of defendant No.2. The plaintiff however, does not state that by virtue of the cheque having been deposited with the plaintiff, defendant No.2 undertook any personal liability. The suit as against defendant No.2 is therefore liable to be dismissed. 4. A compilation of documents is tendered in Court, taken on record and marked Exhibit “A” collectively. 5. As far as defendant No.1 is concerned, there is no defence to the suit. There is nothing on record as against defendant No.1 that militates against the averments and submissions in the plaint. 6. In the circumstances, the suit is decreed as prayed as against defendant No.1. However, interest after the date of the suit shall be at the rate of 12% p.a. The suit as against defendant No.2 is dismissed. The defendants after filing of the suit deposited a sum of Rs.1,45,500/-. Further the decree shall be drawn up after giving credit in the sum of Rs.1,45,500/- together with interest thereon from the date of its payment. Costs to be quantified as per rules. Refund, if any, as per rules.