BATRA PROPERTIES Vs. YOKOHAMA FOODS

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India the petitioner has assailed the order of the learned trial court dated 23rd August 2007 dismissing an application under Order 7 Rule 11 of the CPC filed by the petitioner.

(2.) THE basic contention of the petitioner in the application under Order 7 rule 11 CPC was that the plaintiff (respondent herein) had no privity of contract with the petitioner firm and the suit filed by the respondent was liable to be rejected on this ground. It is argued that the suit was frivolous, vexatious and meritless and ought to have been rejected by the court below.

(3.) A perusal of the suit filed by the plaintiff would show that the plaintiff had filed the suit in the name of M/s Yokohama Food through its partner Mr. H. K. Bansal. In the first paragraph, the plaintiff claimed to be a partnership firm. The plaintiff also relied upon a written deed of agreement dated 21st March 1994 between the respondent and the plaintiff M/s Yokohama Food through its partner Mr. Dorjee Bhutia.