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2019 Supreme(Ker) 470

DEVAN RAMACHANDRAN
Projects & Equipments Corporation Ltd. – Appellant
Versus
Debts Recovery Tribunal, Ernakulam – Respondent


Advocates:
Advocate Appeared:
Sri.V.B.Unniraj, Smt.K.Seema, Smt.P.Anitha, Smt.R.S.Geetha, Sri.M.V.Thamban, Sri.Sunilnath-GP, Sri.R.S.Kalkura-SC

JUDGMENT :

1. Though not directly, the principles of Dominus Litis and its adjunct aspects are drawn for examination in this case.

2. As is now well known, Dominus Litis is the person to whom a litigation belongs. Blacks Law Dictionary defines this latin phrase as the “Master of a Suit” -the person who is really and directly in control and responsibility of the lis.

3. This principle has been called for evaluation in this case because, interestingly, the 3rd respondent herein, who is the defendant in an Original Application before the Debts Recovery Tribunal, filed by the 2nd respondent -Bank, seeks that the petitioner be impleaded as an additional defendant therein; and that the Tribunal issue the Award only against them, even though the Bank seeks no such relief and in fact, does not support the impleadment.

4. First, an apercus of the facts presented:

The petitioner, which is stated to be a Public Limited Company, impugns Ext.P10 order issued by the Debts Recovery Appellate Tribunal, Chennai (DRAT for short), as per which, they have been ordered to be impleaded as a defendant in an Original Application preferred by the State Bank of Travancore (presently the 'State Bank of India') be












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