NARENDER KUMAR SEHGAL Vs. TAL ISHIKAWA LTD.

JUDGEMENT

(1.) This order shall dispose off an application under Order VII Rule 11 read with Order I Rule 10(2) of the Code of Civil Procedure(in short 'C.P.C.') filed on behalf defendant nos.2, 4 and 5 for rejection of the plaint qua them only or for deleting their names from the array of parties being neither necessary not proper parties.

(2.) The plaintiff was employed by M/s Reinz Gaskets Limited as a Sales Executive on 18th June, 1998 at a monthly salary of Rs.6000/- plus HRA, conveyance allowance etc. This Company was manufacturing Gaskets and other rubber products in India. In November, 1998 one Japanese Company by the name of M/s Ishikawa Gasket Co. Limited entered into a Joint Venture Contract with the said Indian Company, whose Managing Director was defendant no.3 Mr. Navneet Talwar, and as a result of that contract the name of the said Indian Company with which the plaintiff was employed, came to be changed to M/s Tal Ishikawa Ltd., which is defendant no.1 in this suit. Defendant nos. 2, 4 and 5 were nominated by the said Japanese Company as its nominee Directors on the Board of defendant no.1 Company. Defendant no.2 became its Chairman while defendant no.3 Mr. Navneet Talwar remained its Managing Director.

(3.) The plaintiff filed the present suit for recovery of Rs.43,29,040/- in the year 2011 as an indigent person alleging that while in the employment of defendant no.1 he had to perform tedious tasks including excessive talking to the customers for selling the Company's products he developed throat cancer which disease came to be detected initially in the August, 2000. It was pleaded by the plaintiff that though he was entitled to get medical assistance from defendant no.1 Company but not only he was not rendered any such assistance but he was denied entry to the factor premises after 14th April,2001 and he was also not paid even his salary and other allowances.