2001 Supreme(Bom) 417
D.K.DESHMUKH
Garden Finance Ltd. . – Appellant
Versus
Prakash Inds. Ltd. & another – Respondent
JUDGMENT - D.K. DESHMUKH, J.:---This Notice of Motion is taken out by the plaintiffs. The plaintiffs have filed a suit contending therein that the defendant No. 1, which is a company incorporated under the Companies Act, entered into an agreement with the plaintiffs dated 29th December, 1994 for giving some equipments on lease to the defendants. The lease money of the equipments was also decided by that agreement. It is further contended that the defendant No. 2 also entered into an agreement to give personal guarantee for due and punctual payment of all and every sum payable by the defendant No. 1/company under the lease agreement to the tune of Rs. 2,31,76,800/-. According to the plaintiffs, as the defendant No. 1 committed default in payment of lease money, the agreement was terminated and the present suit has been filed by the plaintiffs for recovery of the possession of the lease equipments as also for recovery of arrears of lease money from the defendant No. 1 company. So far as the money part of the decree, that is claimed by the plaintiffs in the suit, it is claimed by the plaintiffs that it is joint and several liability of the defendants Nos. 1 2 and therefore they are
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