JUDGMENT (Oral)

1. Issues were framed vide Order dated 05.03.2020.

2. Issue Nos. 1 and 2, which were framed, are taken as the preliminary issues. These are as under:

"(i) Whether the alleged dispute between the parties does not fall within the ambit of Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 and thus the suit cannot be pursued as a commercial suit? OPD-1 to 7.

(ii) Whether the suit is liable to be dismissed for mis-joinder of defendant Nos. 1 to 6? OPD-1 to 6."

3. Submissions Heard on the two Preliminary issues.

Issue No. 2 - Whether the suit is liable to be dismissed for mis-joinder of defendant Nos. 1 to 6? OPD-1 to 6.

4. A plea has been taken on behalf of the defendants that the defendant Nos. 2 to 6, are the Chairperson and the Executive Directors of defendant No. 1, who are neither necessary nor a proper party to the present suit.

5. Learned counsel for the plaintiff concedes to deletion of defendant Nos. 2 to 6 and amend the title of the defendant No. 1, to be sued through the Chairperson.

6. In view of the submission made, the defendant Nos. 2 to 6 are hereby deleted and the title of the defendant No. 1 be corrected, to be sue