Dismissed

M/S.Crisil Limited v. Regen Power Tech Pvt. Ltd.

Madras HC10 Apr 2018A/174/2018

Case brief

AI extract

What is this about?

An applicant sought to strike out CRISIL Limited from the defendant array in a civil suit concerning credit rating assignments. The High Court held that as CRISIL is engaged in similar rating activities, it is a proper party for effective adjudication and dismissed the application.

What did the court decide?

Strike out name of applicant/defendant No.3 from the array of parties in the main suit dismissed. Order stays FIR transmission.

M/S.Crisil Limited Vs Regen Power Tech Pvt. Ltd. — Service and Employment | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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TUESDAY, THE 10TH DAY OF APRIL 2018

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THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

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A. No.174 of 2018 in C.S. No.594 of 2017

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ReGen Powertech Private Limited, rep. by its Authorised Signatory, Mr.Raj Kumar Ganesan, a company having its registered office at KRM Plaza, North Tower No.2, 7th Floor, Harrington Road, Chetpet, Chennai-600 031 Tamil Nadu, India ... Plaintiff

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-Versus-

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ICRA Limited, having its office at 5th Floor, Karumuttu Centre, 634, Anna Salai, Nandanam, Chennai-600 035.

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Credit Ananlysis & Research Ltd., Unit No.0-509/C, Spencer Plaza, 5th Floor, No.769, Anna Salai, Chennai-600 002.

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CRISIL Limited, Thapar House, Mezzanine Floor, No.37, Montieth Road, Egmore, Chennai-600 008. ... Defendants

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A. No.174 of 2018:-

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M/s.CRISIL Limited, Thapar House, Mezzanine Floor, No.37, Montieth Road, Egmore, Chennai-600 008. ... Applicant

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-Versus-

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ReGen Powertech Private Limited, rep. by its Authorised Signatory, Mr.Raj Kumar Ganesan,

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a company having its registered office at KRM Plaza, North Tower No.2, 7th Floor, Harrington Road, Chetpet, Chennai-600 031 Tamil Nadu, India

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ICRA Limited, having its office at 5th Floor, Karumuttu Centre, 634, Anna Salai, Nandanam, Chennai-600 035.

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Credit Ananlysis & Research Ltd., Unit No.0-509/C, Spencer Plaza, 5th Floor, No.769, Anna Salai, Chennai-600 002. ... Respondents

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Application praying that this Hon'ble Court be pleased to strike out the name of the applicant/defendant No.3 M/s.CRISIL Limited from the array of parties in C.S. No.594 of 2017.

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This Application coming on this day before this court for hearing the court made the following order:-

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This application has been filed by the third defendant

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to strike out the third defendant from the array of the party.

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The main contention of the learned counsel for the petitioner is that no relief whatsoever has been claimed against him. He is neither an appropriate nor necessary party to the suit. He is unnecessarily made as a party.

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Hence, the third defendant should be removed from the array of the party.

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Whereas it is the contention of the learned counsel for the respondent, that the suit is based on the agreement between the plaintiff and the first defendant and there is also an agreement with the second defendant and the entire suit claim is based on the credit rating and the third defendant also accord credit rating and for effective adjudication of the lis, the third defendant is a property party. Therefore, though the third defendant is not a necessary party for adjudication of the lis, he is a proper party. Hence, prayed for dismissal of the application.

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The entire averments in the plaint indicate that the suit is based on the contract in respect of assigning of credit rating. The third defendant is admittedly connected in such activities. Therefore, this Court is of the view that whether or not the second defendant assigned credit rating correctly or not, the third defendant, who is connected in a similar business is proper party to adjudicate the lis between the plaintiff and the first defendant. Hence, this Court is of the view that in the circumstance of the case, the third defendant is a proper party and his evidence also enables this Court to

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adjudicate upon the lis effectively.

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Accordingly, this application is dismissed.

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The registry is directed to post the main suit for

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filing of written statement on 04.06.2018.

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Sd/-N.S.K.J

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10.04.2018

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//Certified to be a true copy//

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Dated this the day of 2018 JJ 06/07/18

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From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

M/S.Crisil Limited v. Regen Power Tech Pvt. Ltd.

Case brief

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M/S.Crisil Limited v. Regen Power Tech Pvt. Ltd.

Case brief

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