: 1 : sj-378-08=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 378 OF 2008 IN SUMMARY SUIT NO. 2308 OF 2005 Ashish Ashok Gupta .. Plaintiff v/s. M/s. Crescendo Fashion Pvt. Ltd. & Ors. .. Defendants ......... Ms. Parvati Kaushik i/by B.S. Chandani for the plaintiff None for the defendants ......... CORAM : R.Y.GANOO, J. DATE : 7th OCTOBER, 2010 P.C. : 1. This summons of judgment is taken out only against defendant no.2. The suit is filed on the strength of dishonoured cheque dated 31st July, 2004 issued by defendant no.1 company. Defendant no.2 is joined in his capacity as Director of defendant no.1. If the cheque is issued by the company, defendant no.1, the Director of the company cannot be made liable for the liability of the company. This is being stated on the basis of the factual aspect of the matter. Defendant no.2 is entitled to : 2 : sj-378-08=.sxw unconditional leave, as suit is not maintainable against defendant no.2 as a summary suit. Hence, following order is passed to dispose of the summons for judgment. ORDER (i) Unconditional leave is granted to defendant no.2. Defendant no. 2 to file written statement directly in the office on or before 1st December, 2010. (ii) Defendant no.2 to serve copy of the same upon the advocate for the plaintiff within 10 days from filing of the written statement in the office. Plaintiff to inform this order to defendant no.2. Suit to come up in usual course as summons for judgment is not taken out against defendant no.1 and other defendants. (R.Y.GANOO, J.)