S. RAVINDRA BHAT, J.

FACTS:

1. The appellant, engaged in the hospitality business is aggrieved by the dismissal of its application for rejection of the plaint, in the suit (preferred by the first respondent- hereafter “the plaintiff”). The appellant entered into a contract with the second respondent (hereafter “the contractor”) whereby the latter undertook to carry out interior works in two of its (i.e. the appellant’s) hotels. The appellant sought rejection of the plaint in the suit preferred, for recovery of money against it and the contractor, by the plaintiff, alleging that there was no privity of contract between it and the plaintiff.

2. The facts necessary to decide the issue are that in November 2009, the appellant entered into a contract with the second respondent (hereafter “the contractor”) for interior works of two of its hotels in Delhi. The contractor sub-contracted some of the work awarded to the plaintiff. The rates for the said work order and terms and conditions were finalized in terms of the communication between the two respondents by email dated 10.11.2009; work regarding the 40 and 100 rooms at the two sites began to be executed. By e-mail dated 20.03.20