ANJUM NATH Vs. BRITISH AIRWAYS PLC

JUDGEMENT

(1.) This order shall dispose of the application of the defendant Nos. 1 and 2 under Order 1 Rule 3(2) and Rule 10(2) read with Order 7 Rule 11 and Section 151 of the Code of Civil Procedure. The defendant Nos.1 and 2, British Airways Plc. has sought deletion/striking out the names of Mr. Andy Stern and Mr. Neil Robertson, defendant Nos. 3 and 4. The applicant also seeks amendment to the cause title of the suit on the ground that British Airways Plc having addresses at DLF Plaza Tower, DLF City, Phase-I, Gurgaon-122002, Haryana and at Flat No. 2, 11th Floor, Dr. Gopal Das Bhawan, 28 Barakhamba Road, New Delhi-110001 are the same entity having two different addresses.

(2.) The applicant contended that defendant Nos. 3 and 4 are the executives to whom plaintiff reported in her capacity as an employee of British Airways and the plaint does not contain any reference to said defendants except their capacity as executives/employees of British Airways Plc. The applicant seeks deletion of defendant Nos. 3 and 4 on the ground that from the allegations made in the plaint, no relief can be claimed against them. It is asserted that plaintiff with illegal and with mala fide intentions has filed the suit against defendant Nos. 3 and 4 and these defendants have only been impleaded with a view to pressurize the British Airways Plc, to settle her claim though there is no personal involvement of defendant Nos. 3 and 4 who are neither liable under any contact of employment nor are they personally liable for the plaintiff's employer nor the plaintiff had at any time contracted with them or had been engaged by them as employers of the plaintiff in their personal capacity. On these grounds the applicant/British Airways Plc has claimed rejection of the plaint against defendant Nos. 2,3 and 4 and has sought striking out defendant Nos. 2, 3 and 4 from the array of defendants in the memo of parties and claims that suit be continued only against British Airways Plc at its head office in India, i.e., DLF Plaza Tower, DLF City, Phase-I, Gurgaon-122002, Harayana.

(3.) Though the application is filed by the defendant Nos. 1 and 2, British Airways Plc, the application is supported by an affidavit of Mr. Andy Stern, General Manager, South Asia of M/s. British Airways Plc, who is also the defendant No. 3 in the abovenoted suit.