JUDGMENT

R.F. Nariman, J.

Delay condoned.

2. Leave granted.

3. The respondent filed a Civil Suit being CS (Comm) No. 330 of 2016 in April, 2016 praying for the following reliefs:

"a) Pass a Money Decree in a sum of Rs. 1,44,01,365/- with further interest both future and pendente lite @ 18% p.a. in favour of the Plaintiff & against the defendants, jointly & severally, till its complete realization along with cost of the present proceedings;

b) Direct the Defendants to furnish TDS Certificates for the deduction made by them or pay further amounts towards non-payment of TDS from 31/03/14 which they were liable to pay to the concerned authority along with further interest & penalty towards non-payment of TDS"

4. An application dated 08.07.2016 was filed by the Defendant(s) under Order VII Rule 11 stating that the plaint disclosed no cause of action. By the impugned judgment dated 07.09.2016, it has been held that the plaint is to be bifurcated - it discloses no cause of action against the Directors i.e. Defendant Nos. 2 to 4 but the suit is to continue against the Defendant No.1-Company. It has further been held that the defendant, in any case, is barred from filing a written statement in the