JUDGEMENT
J.D. Kapoor -
(1.)This is an application moved by defendant No. 2 for deletion of its name as it is not a necessary or proper party. Admittedly, suit has been filed on the basis of agreement dated 1.12.1998 between the plaintiff and defendant No. 1 for the breach of said agreement.
(2.)The impleadment of defendant No. 2 is based upon following facts :-
"The defendant No. 2 is also an advertising agency engaged in activities which are in competition with Plaintiff Company, and would have extremely profitable and beneficial use of the confidential and sensitive information of its competitors (such as plaintiff company) wrongly received, unlawfully and in an inappropriate manner through defendant No. 1. defendant No. 2 in gross violation of all business ethics and industry practice entered into collusion with defendant No. 1, and being aware of the position that defendant No. I was fully aware and privy to various confidential and highly sensitive information in respect of the business, operations, profit plans etc. of Plain- tiff Company , enticed defendant No. 1 to join defendant No. 2. The defendant No. 1 did join defendant No. 2 Company in pursuance to the collusion as aforesaid, defendant No. 2, is, therefore, jointly and severally liable along with defendant No, 1 to pay Plaintiff the losses and damages set out in para 13."
(3.)As is apparent defendant No. 2 was not a party to the agreement nor has there been any allegation of commission of any breach of contract on the part of defendant No. 2. What has been pleaded is accusation of violating business ethics and industry practice by entering into collusion with defendant No. 1 as defendant No. 2 was fully aware of confidential and sensitive information in respect of business operation of the plaintiff.
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