No.10/22.05.2015

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This order relates to hearing on MA 634 of 2014 filed by the OPs for deletion of the name of OP No.3 from this case on the ground that the officials of the Company cannot be impleaded against their designation.

            The Learned Counsel for the OPs has submitted that the officials of a limited company cannot be fastened with an ordinary contractual liability, if any, of a Company.  It is contended that the officials of the Company as against their designation cannot be impleaded. 

            The Learned Counsel for the Complainant has submitted that OP No.3 played a vital role being the Manager, Customer Care Relations of the OP Company and he represented the Company. 

            We have heard the submission made by both sides and perused the papers on record.  The question whether or not OP No.3 has any role in the transaction relating to the matter of agreement between the Complainant and the OP cannot be decided at this stage without the evidence being adduced by the parties.  The OPs will be at liberty to raise this point at the time of final hearing of the complaint case.  At this stage we are unable to agree with the contention of the Learned Counsel for the OPs.

            The Miscellaneous Application bearing no.634 of 2014 is dismissed.  To 11/08/15 for filing evidence on affidavit by the Complainant.