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MANMEET PRITAM SINGH ARORA
ADM Corporation – Appellant
Versus
Redington India Ltd. – Respondent
JUDGMENT :
MANMEET PRITAM SINGH ARORA, J:
I.A. 24807/2023 (Application under Order I Rule 10 CPC on behalf of Defendant No. 2 seeking deletion from array of parties)
1. This is an interlocutory application filed by Defendant No. 2, H.P sales India Ltd under Order I Rule 10 of the Code of Civil Procedure, 1908 (‘CPC’) seeking its deletion from the array of parties on the ground that there exists no contractual obligation between the Defendant No. 2 and Plaintiff; and Plaintiff has failed to make out any cause of action to implead Defendant No. 2 as a party in the present suit.
2. The brief facts as set out in the plaint, which are relevant to adjudicate on the application are as follows:-
2.1 Defendant No. 1, is an authorized pan India non-exclusive distributor of high-end printing machines manufactured under the label of Defendant No. 2.
2.2 Plaintiff and Defendant No. 1 entered into a Business Associate Agreement dated 07.09.2009 for the sale of products of Defendant No. 2 in lieu of the Overriding Commission (ORC) paid through Defendant No. 1. The term of the agreement was for a period of one year.
2.3 After the expiry of the period agreed in the Business Associate Agreement dated 07.09
Defendant No. 2 is deemed a necessary and proper party for adjudicating the claims raised by the Plaintiff due to the absence of contractual obligation and the need for effective resolution of disput....
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 presence of the parties is necessary to effectively adjudicate on the real controversy in issue in the proceedings, and findings on merits are not justified while examining an application under O....
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....
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....
Court upheld inclusion of petitioner in suit despite arguments against privity of contract, citing exceptions and agency doctrine, necessitating full factual evaluation.
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