RAJ AND ASSOCIATES Vs. VIDESH SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) The Plaintiffs Firm has filed this Suit for recovery of Rs.9,70,417/- in which it has arrayed Videsh Sanchar Nigam Limited ('VSNL' for short) as Defendant No.1, Rail India Technical & Economical Services Limited ('RITES' for short) as Defendant No.2. and the Bank of India ('BoI' for short), Muzaffarnagar Branch as Defendant No.3. The Prayers in the Plaint are reproduced below in order to adumbrate that it fails to indicate against which of the Defendants the prayer for recovery is directed:

(2.) The Plaintiffs' had entered into a contract for supply and installation of false flooring in the HUB building at VSNL SAN, Chattarpur, New Delhi-110030. It is asseverated that upon completion of the Works in June, 1998 the Plaintiffs were paid an amount of Rs.20,13,820/-, which is approximately eighty per cent of the contract value. It has then been pleaded that the Defendants had not fulfilled their obligations under the Contract, the details of which are not relevant for the present decisions. It is averred that Defendants No.1 and 2 demanded an amount of Rs.1,32,580/- in the form of FDRs together with a Bank Guarantee for an amount of Rs.62,000/- which had been duly deposited. It has been pleaded that the Plaintiffs have not been informed of any defects in the Works. It appears that the Plaintiffs had filed a Writ Petition which was disposed of observing, inter alia, that the parties "would be at liberty to avail of remedies as available in arbitration or in civil forum as the case may be". The Plaintiffs' demand for the balance amount due, the release of the FDRs and the Bank Guarantee did not have the desired result and hence the present Suit has been filed.

(3.) In the course of arguments, learned counsel for the Plaintiffs conceded that no relief has been claimed against the Bank of India and it may, therefore, be struck of from the array of the parties. I am satisfied that Defendant No.3, Bank of India, is neither a necessary nor a proper party. It is, therefore, struck of from the array of parties.