ANJUM NATH Vs. BRITISH AIRWAYS PLC

JUDGEMENT

(1.) BY this order 1 propose to dispose of the aforesaid two applications filed by defendant No. 2 and 3 respectively, under Order 1 Rule 10(2) read with Order 7 Rule 11 CPC and Order 6 Rule 12 CPC, seeking the relief of striking off their respective names from the array of defendants and rejecting the plaint qua them.

(2.) THIS letter was accepted by Mr. Andy Stern on the same day. It is further averred that the promptitude with which Mr. Andy Stern accepted the resignation shows his mala fide. Para 11 of the plaint once again makes reference to the duress exercised by Mr. Amanda Ball upon the Plaintiff.

(3.) FROM the aforesaid, what I make of the order of the learned Singh Judge as well as the Hon'ble Division Bench is that while considering the present applications, this court has to examine the issue as to whether defendant No. 2 and 3 are necessary and proper parties afresh, without being bound by the observations made by the predecessor of this court in its order dated 19th October 2005, as the order passed by the Learned Single Judge merged in the order passed in the appeal.