ATUL GUPTA Vs. TRIDENT PROJECTS LTD

JUDGEMENT

(1.) BY this order, I shall dispose of the two applications being IANo. 14928/2007 (U/o VI R 17 CPC) in CS (OS) No. 186/2007 filed by the plantiff seeking amendment in the plaint and application IA No___/2007 under order X Rule 1 CPC filed by the Defendant No. 2 for deletion of his name.

(2.) THE plaintiff has filed the suit for recovery of Rs. 75,20,000a by way of compensation against the Defendants claiming the joint and several liability of the Defendants. The Defendant No. 1 is a company incorporated under the Companies Act, 1956 and Defendants No. 2 and 3 are the promoters/directors of the Defendant company who are alleged to be liable for their fraudulent acts of using the corporate personality as a cloak to defraud the functioning of the company and thereby diverting the funds of the Defendant company to their own personal advantages or building projects in their individual names. In the suit, the allegation relating to fraud and misrepresentation are specifically averred to allege the liability of the Defendants and their liability as the officers of the company.

(3.) THE plaintiff has filed the present application seeking amendment to the plaint for inclusion of pleading regarding lifting of corporate veil for holding Defendants No. 2 and 3 personally liable for claim in the suit under the transactions made by them in the name of the Defendant company with plaintiff, and also for making a typographical correction in prayer clause in description of Defendants with number "1 to 3" in place of "2 and 3".