CAPARO MARUTI LTD Vs. M D JINDAL

JUDGEMENT

(1.) By way of this application, the Applicants Machino Plastics Ltd.[Plaintiff No. 1 in the CS (OS) No. 645/2007 and Defendant No. 1 in CS (OS) No. 761/2005] and Mr. Sanjiv Jindal [Defendant No.4 in the CS (OS) No.761/2005] under Section 151 of the Civil Procedure Code, 1908 seeks consolidation of the following suits:

(2.) It is pertinent to note that earlier this Court vide order dated 09th November 2017 allowed the Transfer Petition, being No. TR.P.(C) 41/2017, filed by Machino Plastics Ltd., Machino Finance Pvt. Ltd., Mr. M.D. Jindal and Mr. Surya Kant Aggarwal, and transferred the aforementioned three Suits [CS (OS) No. 756 /2005;CS (OS) No. 761/2005; CS (OS) No. 645/2007] from the District Court at Saket, Delhi to this Court so that all the said three suits could be heard and tried together with the Suit (CS(OS) No.757/2005) that was pending before this Court. While passing the said order, the issue of consolidation of the suits was left open to be considered in appropriate proceedings. The operative part of the said order is reproduced hereunder:

(3.) The factual background of the dispute between the parties is as follows: