JUDGEMENT
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(1.)THIS is an application filed by the Applicants/defendants under Order i Rule 10 read with Order VII Rule 11 and under Section 151 of CPC, seeking deletion of defendant No. 1 from the array of the parties.
(2.)FACTUAL background of the instant suit from which the particular controversy arises is that the plaintiffs have, vide agreement, dated 27/12/2006, decided to sell of their shares of defendant No. 1, i. e, Company, m/s Goel Rolling Mills Pvt. Ltd, having its registered office at 32, Todermal colony, Najafgarh, New Delhi. Defendant Nos. 2 and 3 have agreed to purchase 12500 equity shares for a total consideration of Rs. 41,50,000/ -. In order to obtain the recovery of the above mentioned amount, the plaintiffs have filed the instant suit thereby also impleaded M/s. Goel Rolling Mills pvt. Ltd as Defendant No. 1.
(3.)TO support this application, Defendant No. 1 has made the following submission that there was no privity of contract between the Plaintiff No. 1 and Defendant No. 1. Defendant No. 1 was never a party to the agreement dated 27/12/2006, which was executed and signed by Defendant No. 2 and defendant No. 3 in their individual capacity for sale and purchase of equity shares. Defendant No. 1/company is neither a necessary party nor a proper party for the adjudication of dispute between the parties. Moreover plaintiffs have not raised any cause of action against Defendant No. 1 in their plaint. To support the application, learned counsel of the applicants has relied upon a judgment of this court in the case of TBWA Anthem Pvt. Ltd. v. Madhukar Kamath and Anr. , 93 (2001) DLT 302 : 2001 (59) DRJ 772.
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