- (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. 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.
(2.) 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.
(3.) Accordingly supply was made and cheques issued, which cheques were dishonoured for non-payment.;