NADIRA PATHERYA,J. - (1.) C.S. No.41 of 2009 was filed by the plaintiff for damages after taking leave under Clause 12 of the Letters Patent and Order 2 Rule 2 of the Code of Civil Procedure.
(2.) By this application the defendant Nos. 1, 6 and 7 seek for revocation of leave granted under Clause 12 of the Letters Patent and for dismissal of the suit as against them.
(3.) The case of the defendant Nos. 1, 6 and 7 is that the defendant No.3 purchased goods manufactured by the plaintiff, pursuant to a Memorandum of Understanding dated 5.5.2007 between the plaintiff and the defendant No.4. The purchase order was issued by the defendant No.3 and the payment was secured by a Letter of Credit issued by the defendant No.2. Out of the entire quantity, 7200 pieces of goods were supplied and the balance was not supplied. Therefore a Memorandum of Compromise was executed on 7th October, 2007 wherein it was agreed that the balance goods would be purchased for Rs. 1 crore. Accordingly supply was made and cheques issued, which cheques were dishonoured for non-payment.;