Plaint as filed seeks joint and several relief against defendant no.1 Company and defendant no.2 Shri Sinha. Shri Sinha is stated to be its General Manager. When purchase orders are placed by company and contract is with Company, it is clear that there cannot be any other contract or independent contract with Shri Sinha, General Manager. On the strength of the contract, the relief in summary suit could have been asked for only against defendant no.1 Company. Even if Shri Sinha is treated as General Manager, then also relief will have to be against the Company only. However, prayer clause in plaint expressly seeks a joint and several decree against both the defendants. If the decree is envisaged against only Company, it cannot be viewed as joint and several.
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Bombay High Court
Mr. S.K. Agrawal vs Mrs. Varsha A. Maheshwari on 5 January, 2011
Bench: B. P. Dharmadhikari
Citation;2011 (2) MHLJ 462 Bom
