JAGUAR OVERSEAS LIMITED Vs. KLJ RESOURCES LIMITED

JUDGEMENT

(1.) THIS application under Order VI Rule 17 of CPC has been filed by the plaintiff seeking leave to amend the suit for the purpose of placing on record certain events and developments that occurred after filing of the instant suit.

(2.) ORIGINALLY three plaintiffs namely Jaguar Overseas Limited, Jindal Drilling and Industries Ltd. and Discovery Enterprises Private Limited filed the instant suit for specific performance of the Memorandum of Understanding dated 15.04.2005 (hereinafter referred to as the MoU) which was executed between them and defendant KLJ Resources Limited. Plaintiff Nos.2 and 3 were transposed as defendant Nos. 2 and 3 in terms of order dated 8.7.2011 passed in I.A. No.10258/2011 filed by the plaintiffs as they had arrived at an amicable settlement with the defendant. They did not press their relief for specific performance any more. Amended memo of parties was duly filed.

(3.) AS already mentioned that during the pendency of these proceedings, defendant Nos.2 and 3 along with M/s Discovery Hydrocarbons Pvt. Ltd. entered into a compromise with defendant No.1 wherein defendant Nos.2 and 3 along with M/s Discovery Hydrocarbons Pvt. Ltd. have given up their claim for specific performance and filed an application bearing No.10258/2011 under Order XXIII Rules 1 and Order I Rule 10 of CPC in the present suit. While disposing of the said application, the Court transported M/s Jindal drilling & Industries Limited and M/s Discovery Enterprises Pvt. Ltd. were deleted from the array of plaintiffs and made them defendant Nos. 2 and 3 respectively.