(July 26, 2001) 2001 (TLS)125466

2001-DLT-93-302 :: 2001-AD (Del)-6-457

TBWA ANTHEM PRIVATE LIMITED Vs. Madhukar Kamath

J. D. Kapoor

( 1 ) THIS is an application moved by defendant No. 2 for deletion of its name as it is not a necessary or proper party. Admittedly, suit has been filed on the basis of agreement dated 1. 12. 1998 between the plaintiff and defendant No. 1 for the breach of said agreement.

( 2 ) THE impleadment of defendant No. 2 is based upon following facts :-

"the defendant No. 2 is also an advertising agency engaged in activities which are in competition with Plaintiff Company, and would have extremely profitable and beneficial use of the confidential and sensitive information of its competitors (such as plaintiff company) wrongly received, unlawfully and in an inappropriate manner through defendant No. 1. defendant No. 2 in gross violation of all business ethics and industry practice entered into collusion with defendant No. 1, and being aware of the position that defendant no. I was fully aware and privy to various confidential and highly sensitive information in respect of the business, operations, profit plans etc. of Plain- tiff Company , enticed d