JUDGMENT :

[Via Video Conferencing]

CM(M)IPD 1/2021, CM APPL.17401/2020 (for stay)

1. This petition has been filed under Article 227 of the Constitution of India against the order dated 27th January, 2020 passed by the learned Commercial Court dismissing the application of the petitioner moved under Order I Rule 10 (2) in CS (COMM) 180/2020, seeking to implead “M/s Madaan Footcare Private Limited” as a co-defendant.

2. The facts as are relevant for the disposal of the present petition are that the petitioner/plaintiff claims be a leading manufacturer of plastic footwear under the mark MPI (logo) and “MADAAN”. It is claimed that this business has been in existence since 1997 and the goods of the petitioner/plaintiff are sold in various parts of India and the petitioner/plaintiff has a well-established sales network throughout the country.

3. While resolving various family disputes amongst the petitioner/plaintiff and his brother Mr. Darshan Singh and sons of Mr. Darshan Singh, who are also the directors of Respondent No. 1/defendant No. 1, namely, Mr. Simarpreet Singh and Mr. Charanjeet Singh, a Dissolution Deed dated 01st April, 1995 was executed, whereby, the petitioner was given the t