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DELHI HIGH COURT
AMIT BANSAL
Ansal Landmark Township Pvt. Ltd. – Appellant
Versus
Big Brothers Projects Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. case involves parties and contract details. (Para 3 , 4) |
| 2. petitioner's arguments against privity of contract. (Para 5 , 6 , 7 , 8) |
| 3. court analysis on privity and agency. (Para 9 , 10 , 11 , 12 , 13) |
| 4. judgment's relevance to exceptions in privity. (Para 14) |
| 5. court dismisses the application; order upheld. (Para 15 , 16 , 17) |
JUDGMENT
Amit Bansal, J. (Oral)
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 startin
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