JUDGMENT - R.M. LODHA, J.:---Heard Ms. Sethna, the learned Counsel for applicant-defendant No. 3 and Mr. Vipul Shukla, the learned Counsel for plaintiffs.

2. By this notice of motion, the defendant No. 3 prays that suit be dismissed as against them and other consequential reliefs.

3. In support of notice of motion, an affidavit of Mr. Anthony Lobo has been filed and it has been stated therein that the 3rd defendants merely acted as general agent for disclosed principal, namely, the 2nd defendant at all times and as such has no independent liability either in law or in fact to the plaintiffs. It is stated that even as per the case pleaded in the plaint by the plaintiffs the 3rd defendant has been impleaded as an agent of 2nd defendant.

4. The notice of motion was served on the plaintiffs on 16-7-99. No reply has been filed. As a matter of fact the learned Counsel for defendants No. 3 made statement at the out set that the prayer for dismissal of suit by 3rd defendants against them is sought on the basis of the averments made in the plaint only and the applicant in support of its prayer shall not rely on any other fact.

5. The 3rd defendants appear to have been impleaded because they wer

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