RAJIV SAHAI ENDLAW, J.

1. The plaintiff has sued under Order 37 of the CPC for a decree in the sum of Rs.40,48,927.11p against the four defendants jointly and severally pleading:-

(a). that the defendant no.1 Company acting through its Material Manager Mr. Manoj K. Sharma impleaded as defendant no.4 had entered into a contract dated 1st May, 2010 with the plaintiff whereunder the plaintiff had agreed to transport the goods manufactured by the defendant no.1 Company, raw material or any other commodity, to and fro Kota, to any other location;

(b). that though initially the defendant no.1 Company made payment for the services provided by the plaintiff on regular basis but thereafter started making lump-sum payments at regular intervals against the outstanding invoices of the plaintiff;

(c). that as on 9th May, 2011, payment under as many as ten invoices of the total value of Rs.50,48,927.11p was due to the plaintiff;

(d). that the defendant no.1 Company made part payment of Rs.10 lacs on 2nd May, 2011 with the assurance to pay the balance shortly and leaving a balance of Rs.40,48,947.11 due to the plaintiff;

(e). that the defendants no.2&3 namely Mr. S.K. Kaura and Mr. Atul A