RADHIKA MEHTA Vs. PANASONIC INDIA PVT LTD

JUDGEMENT

(1.) By this order I shall dispose of the two applications filed by the plaintiff in the instant suit for permanent injunction and damages against the defendant restraining the defendant from dealing with or making suppliers of 'Lumix' range of digital still cameras and 'E-Cam' range of Digital Video cameras in India to any third parties.

(2.) I.A. No.13107/2010 has been filed by the plaintiff under Order I Rule 10 CPC seeking permission of this court to implead Panasonic Consumer India Pvt. Ltd. as defendant No.2 in this suit and take the amended memo of parties on record. It is stated in the application that the said Panasonic Consumer India Pvt. Ltd. is a subsidiary and Group Company of the Panasonic Group. It is also stated that on searching the records of the Registrar of Companies, the plaintiff discovered that in the year 2007, there were two Companies namely Panasonic India Pvt. Ltd. and Panasonic Sales and Services India Pvt. Ltd. and both of these were Panasonic Companies. Thereafter, in 2008, the name of Panasonic India Pvt. Ltd. was changed to Panasonic Consumer India Pvt. Ltd. and the name of Panasonic Sales and Services India Pvt. Ltd. was changed to Panasonic India Pvt. Ltd. Thus, the plaintiff has sought to implead Panasonic Consumer India Pvt. Ltd. as a necessary and proper party for adjudication of the instant suit.

(3.) The defendant has raised objections to this application of the plaintiff and stated that the plaintiff has not disclosed as to how and why the impleadment of Panasonic Consumer India Pvt. Ltd. is necessary for the purpose of determining the issues in the present suit. It is also stated by the defendant that Panasonic Consumer Services India Pvt. Ltd. has never dealt with the plaintiff therefore, the present application is meritless. However, if, the grievances of the plaintiff are against Panasonic Consumer Services India Pvt. Ltd. then the instant suit of the plaintiff against the defendant be dismissed.