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AMIT BANSAL
Ansal Landmark Township Pvt. Ltd. – Appellant
Versus
Big Brothers Projects Pvt. Ltd – Respondent
JUDGMENT
Amit Bansal, J. - CM No.42517/2021(for exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 1081/2021 & CM No.42516/2021(for stay)
3. The present petition under Article 227 of the Constitution of India impugns the order dated 6th October, 2021 passed by the District Judge (Commercial Court)-02, Patiala House Courts, New Delhi (Commercial Court) in a commercial suit bearing CS (COMM) No.165/2019, dismissing the application filed on behalf of the petitioner (defendant no.2 in the suit) under Order I Rule 10 of the Code of Civil Procedure, 1908 (CPC).
4. Brief facts as set out in the impugned order are set out below:
4.1 The respondent herein, was awarded the contract for plumbing and sanitary works by the petitioner and the defendant no.1 with respect to work orders starting from 14th November, 2011 to 26th November, 2015.
4.2 Alleging default in payments as well as breach of terms of the contract by the petitioner and the defendant no.1, the respondent filed the commercial suit for recovery in 2019.
4.3 Upon the written statement in the suit being filed beyond a period of 120 days, the defence of the petitioner and defendant no.1 was s
The main legal point established in the judgment is that the exceptions to the rule of privity of contract and the doctrine of agency require fact finding and due application of law, and may not warr....
Court upheld inclusion of petitioner in suit despite arguments against privity of contract, citing exceptions and agency doctrine, necessitating full factual evaluation.
Defendant No.2 cannot be considered a necessary or proper party to the suit as he cannot be made liable for the financial liabilities of defendant No.1.
The rejection of a plaint based on misjoinder of parties and causes of action is erroneous, and disputed questions cannot be decided at the time of considering an application under Order 7 Rule 11 of....
A suit against a proprietorship concern is maintainable, and technical defects in naming parties should not defeat substantive rights.
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