Kewal Sadana and Ors. v. Itq Technologies Pvt. Ltd.
Case brief
What is this about?
Kewal Sadana v. ITQ Technologies Pvt Ltd; CM(M) 2275/2025; High Court of Delhi; Girish Kathpalia; 26.11.2025; commercial court; deletion of parties; directors/shareholders impleaded; corporate veil; personal guarantee/assurance; co-extensive liability; bald averments; pleadings without documentary evidence; opportunity to prove pleaded facts; Tristar Consultants AIR 2007 Del 157; upfront advance Rs. 20,00,000/-; petition and applications dismissed.
What did the court decide?
The plaint contains specific pleadings as regards petitioners no. 1 & 2 going beyond their status as shareholders/directors of petitioner no. 3 company — including allegations that they personally assured they would be personally liable to fulfil all obligations under the subject contract — and the pleadings point towards their liability co-extensive with petitioner no. 3 company; therefore they cannot be deleted from the array of parties on the plea that the transaction was only with the company.