TBWA ANTHEM PRIVATE LIMITED Vs. MADHUKAR KAMATH

JUDGEMENT

(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 :-

(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.