300 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 28.01.2026 ALANKAR MITTAL AND ORS ....Petitioners Versus M/S RAGHAV MOTORS AND ANR ...Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present : Mr. Amulya Dhingra, Advocate for the petitioners.

Mr. B.S. Khehar, Advocate for the respondents.

PANKAJ JAIN, J. (ORAL)

Challenge is to the order dated 17.07.2024 passed by Civil Judge (Junior Division), Kapurthala whereby application filed by the petitioners/defendants No.2 to 5 seeking deletion of their names from array of parties, stands dismissed.

2. Plaintiff/respondent filed suit seeking rendition of accounts. As per the pleadings, the plaintiff claimed to be appointed distributor of defendant No.1/company. Defendants No.2 to 5 are the officials of the company. In memo of parties, they have been described as under:

1. MR. ALANKAR MITTAL, AGE 52 YEARS, VICE PRESIDENT M/S LIVGUARD ENERGY TECHNOLOGIES PVT LTD 221, UDYOG VIHAR PHASE-1, GURUGRAM, HARYANA- 122016. ADHAR NO:693590477773 MOBILE NO:9810433103.

2. MR. VIKAS ARORA, AGE 49 YEARS, GENERAL MANANGER M/S LIVGUARD ENERGY TECHNOLOGIES PVT LTD 221, UDYOG VIHAR PHASE-1, GURUGRAM, HARYANA- 122016. ADHAR NO:503655974567 MOBILE NO:9810408565.

3. MR. MUNISH ANAND @ MANISH ANAND, AGE 37 YEARS, AREA SALES MANAGER M/S LIVGUARD ENERGY TECHNOLOGIES PVT LTD 221, UDYOG VIHAR PHASE-1, GURUGRAM, HARYANA- 122016.

ADHAR NO: 397272497468 MOBILE NO:9419195008.

4. MR PRASHANT AGGARWAL @ PRASHANT AGARWAL, AGE 45 YEARS, LEGAL HEAD M/S LIVGUARD ENERGY TECHNOLOGIES PVT LTD 221, UDYOG VIHAR PHASE-1, GURUGRAM, HARYANA- 122016. ADHAR NO:614631514419 MOBILE NO:9971043215

3. The averments made in the plaint qua them, read as under:

3. That various Livguard inverter and batteries and other related products of LETPL are still lying with plaintiff. These products are of no use to plaintiff as his distributorship has already been revoked by LETFL. Plaintiff made various requests and demands to LETPL to take back these products and settle its account. Plaintiff personally requested Sh. Manish Anand, Area Manager of LETPL and Sh. Vikas Arora General Manager of LETPL to take back their products and settle the accounts. However, despite repeated demands and requests LETPL are not taking back its products and are not adjusting its amount in account books.

6. That plaintiff personally visited Sh. Alankar Mittal Vice President LETPL and Sh. Vikas Arora General Manager of LETPL on 26/03/2023 and requested them to get recover huge amount of plaintiff stuck with dealership of LETPL and take back their products and settle the accounts To which Sh. Alankar Mittal vice president LETPL and Sh. Vikas Arora General Manager of LETPL assured the plaintiff that they will got recover huge amount of plaintiff from the new distributorship of LETPL. However, Sh. Alankar Mittal vice president LETPL and Sh. Vikas Arora General Manager of LETPL back out from their commitments and failed to get recover amount of plaintiff and to settle account with plaintiff. The huge amount of plaintiff is still stuck with the dealership of LETPL. LETPL is also not taking back its products lying with plaintiff and not settling its account with plaintiff.

4. Defendants No. 2 to 5 filed an application under Order I Rule 10 CPC seeking deletion of their names from array of parties, claiming that they are neither necessary nor proper parties and have been improperly added and impleaded in the suit.

5. The application stands rejected by the Trial Court observing that in the absence of any plausible material and in the light of circumstances of the case, the names of defendants No.2 to 5 cannot be struck down from the array of parties at this stage as the plaintiff has claimed relief against all the defendants.

6. Counsel for the petitioners has assailed the findings recorded by the Trial Court in the impugned order. He submits that the relief clause of the plaint would reveal that the suit is for rendition of accounts and for a decree of perman