JASPAL CHOPRA Vs. SIDHANT POLYPLAST LTD

JUDGEMENT

(1.) The present Civil Miscellaneous (Main) petition no. 1307/2023 has been filed by the petitioner under Article 227 of the Constitution of India read with Sec. 151 of Code of Civil Procedure, 1908 (hereinafter referred to as CPC") against the impugned order dtd. 1/3/2023 passed by the Learned Additional District Judge-08, (Central District), Tis Hazari Courts, Delhi (hereinafter referred to as learned Trial Court") in C.S. DJ 3391/2017, titled as "Jaspal Chopra vs. M/S Sidhant Polyplast Limited and Ors" whereby the Learned Trial Court allowed the application under Order I Rule 10(2) CPC filed by the Respondent No.2 and 6 for deleting their names from the array of parties in a suit under Order XXXVII CPC instituted by the petitioner herein.

(2.) For the purpose of adjudication, the relevant facts in the present case are that the petitioner is engaged in the business of trading plastic polymers under the name of M/s Shine Polymers having its registered office at 1, Auckland Place, Kolkata. The petitioner is also a Consignment Stockiest Agent as well as a Del Credere Agent of M/s Haldia Petrochemicals Ltd. (hereinafter referred to as HPL"). On the other hand, respondent no. 1 herein is a Limited Company incorporated under the Companies Act, 1956. The respondent nos. 2 to 6 herein are the directors / partners in four different companies i.e. M/s. Sidhant Poly Plast Ltd (Haryana), Navkar Poly Plast Co. (Himachal Pradesh), Mukesh Overseas (Delhi) and Rehan Non-Woven Industry (Himachal Pradesh).

(3.) For the purpose of availing the benefits of a group company, respondent no.1 to 6 vide a letter dtd. 30/4/2008 requested the petitioner for being considered as a Group Company. In the said letter, they mutually agreed to pay the outstanding amount due by any of the members of the Group. The respondents as a Group company approached the petitioner to purchase plastic polymers on credit basis. Thereafter, all of them actively participated in joint meetings with the petitioner where the credit policies, discount policies and other policies relating to quantity and quality of plastic polymers were discussed. Besides this, the respondents signed various documents for becoming the registered customers of HPL and represented to the petitioner that they are the persons in-charge for looking after the affairs of respondent no. 1.