MASTER TANISH SUBRAMANIAM Vs. HEWLETT PACKARD INDIA LTD

JUDGEMENT

(1.) Plaintiffs have filed above two suits against the defendants being suit Nos. 1872/2000 and 2205/2003. In Suit No. 1872/2000, plaintiffs claimed a decree for a sum of Rs. 30 lacs against three defendants jointly and severely. In suit No. 2205/2003, plaintiffs prayed for a decree of exemplary damages against five defendants. This Court on 21.2.2005 observed that parties in both the suits were same and relief claimed in two suits related to the payment to which the plaintiffs are allegedly entitled to, on account of death of Mr. A. Subramaniam, an employee of Hewlett Packard India Ltd., one of the defendants. In the circumstances, both the suits were consolidated for common trial. The suits were at the stage of pleadings. The issues were yet to be framed. Defendants raised objections in written statement of second suit that the two suits were based on same cause of action and second Suit No. 2205/03 was not maintainable. Defendants also filed an application under 7 rule 11 for rejection of the plaint on the ground that suit No. 2205/03 does not disclose any cause of action. The two cases were listed for framing issues on 22nd July, 2005 and following common set of issues was framed in the two suits on 17th August, 2005:

(2.) Vide order dated 11th January, 2007, this Court treated issue Nos. 2 and 10 as preliminary issues and parties were asked to address the Court. I have heard both the parties.

(3.) In suit No. 2205/03, defendant No. 1 has taken the stand that no cause of action was disclosed as against defendant No. 1 and defendant Nos. 2, 4 and 5 have taken the common stand that the Suit No. 2205/2003 was barred in view of the provisions of Order 2 Rule 2 CPC. Defendant No. 1 Hewlett Packard even as per plaintiff, is a corporation duly constituted and existing under the laws of State of California, USA and was engaged in the business of providing computing and imaging solutions having its offices throughout the world. Defendant No. 3 is an Indian Company, Hewlett Packard India Ltd. incorporated under the Indian Companies Act having its office at Chandiwala Estate, Maa Anandmai Marg, Kalkaji, New Delhi. As per Plaintiffs, defendant No. 3 was a wholly owned subsidiary of defendant No. 1, under control and management of defendant No. 1 in USA. Defendant No. 4 is American Express Bank Ltd., an Indian Company under Indian companies Act, 1956. Defendant No. 5, Oriental Insurance Company Ltd. also an Indian company having its office in New Delhi.