w w w . L a w y e r S e r v i c e s . i n



M/s. Projects & Equipments Corporation Ltd., Represented by its Branch Manager Gowri Sankar, Chennai v/s Debts Recovery Tribunal, Ernakulam, Represented by its Registrar


Company & Directors' Information:- C AND C PROJECTS LIMITED [Active] CIN = U74999HR2007PLC036644

Company & Directors' Information:- Y K M PROJECTS PRIVATE LIMITED [Active] CIN = U40109TG2008PTC057263

Company & Directors' Information:- M & M EQUIPMENTS PRIVATE LIMITED [Active] CIN = U29253KA2010PTC053151

Company & Directors' Information:- T G R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200KA2012PTC062702

Company & Directors' Information:- S G PROJECTS LIMITED [Active] CIN = U65999WB1990PLC049684

Company & Directors' Information:- B C C PROJECTS PVT LTD [Active] CIN = U74899DL2001PTC112102

Company & Directors' Information:- J K S PROJECTS LIMITED [Active] CIN = U45400WB2011PLC157565

Company & Directors' Information:- D M P PROJECTS PVT LTD [Active] CIN = U27109WB2006PTC107513

Company & Directors' Information:- T & T PROJECTS LIMITED [Active] CIN = U45201AS2008PLC008641

Company & Directors' Information:- W AND W PROJECTS PRIVATE LIMITED [Active] CIN = U65910DL1989PTC036754

Company & Directors' Information:- E M C PROJECTS PVT LTD [Active] CIN = U29248WB1964PTC026261

Company & Directors' Information:- H AND V PROJECTS PRIVATE LIMITED [Active] CIN = U72400DL2011PTC220047

Company & Directors' Information:- M A PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC135093

Company & Directors' Information:- S. V. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP1998PTC029024

Company & Directors' Information:- M V PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45202KA2008PTC045272

Company & Directors' Information:- S V S PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096787

Company & Directors' Information:- A T E PROJECTS PRIVATE LIMITED [Active] CIN = U74999DL1999PTC102246

Company & Directors' Information:- U W T PROJECTS LIMITED [Active] CIN = U45200AP2004PLC043198

Company & Directors' Information:- H M C EQUIPMENTS PRIVATE LIMITED [Active] CIN = U51103CT2001PTC014595

Company & Directors' Information:- J J PROJECTS PVT LTD [Active] CIN = U24231WB1986PTC040246

Company & Directors' Information:- Z H PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2012PTC184307

Company & Directors' Information:- K & J PROJECTS PRIVATE LIMITED [Active] CIN = U45203MH2004PTC150165

Company & Directors' Information:- T & I PROJECTS LTD [Active] CIN = L29130WB1984PLC038232

Company & Directors' Information:- B 2 R PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2013PTC189971

Company & Directors' Information:- D V EQUIPMENTS PRIVATE LIMITED [Active] CIN = U29199DL2005PTC142573

Company & Directors' Information:- C M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130580

Company & Directors' Information:- N G PROJECTS LIMITED [Active] CIN = U45201GJ2003PLC042152

Company & Directors' Information:- E AND C PROJECTS PRIVATE LIMITED [Active] CIN = U29150DL2002PTC115297

Company & Directors' Information:- B. D. R. PROJECTS PRIVATE LIMITED [Active] CIN = U45202TG1998PTC028780

Company & Directors' Information:- S V EQUIPMENTS PRIVATE LIMITED [Active] CIN = U74999TG2007PTC055711

Company & Directors' Information:- J T L PROJECTS PRIVATE LIMITED [Active] CIN = U70101KL2006PTC019439

Company & Directors' Information:- V AND S PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL1996PTC079487

Company & Directors' Information:- L S R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U07010KA2005PTC036041

Company & Directors' Information:- V R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400AP2007PTC054901

Company & Directors' Information:- D C R PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2007PTC056307

Company & Directors' Information:- R. R. PROJECTS PVT LTD [Active] CIN = U45200TG1982PTC003711

Company & Directors' Information:- S H PROJECTS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC149971

Company & Directors' Information:- S R PROJECTS INDIA PVT LTD [Active] CIN = U45207WB1981PTC033286

Company & Directors' Information:- L E PROJECTS PRIVATE LIMITED [Active] CIN = U45303WB2005PTC102555

Company & Directors' Information:- K P M EQUIPMENTS PRIVATE LIMITED [Active] CIN = U29199TZ1997PTC008026

Company & Directors' Information:- M. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC131902

Company & Directors' Information:- J V PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069037

Company & Directors' Information:- B N PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC058067

Company & Directors' Information:- C P C EQUIPMENTS PVT LTD [Active] CIN = U29299WB1990PTC048716

Company & Directors' Information:- C A G EQUIPMENTS PRIVATE LIMITED [Active] CIN = U31902TZ1991PTC003259

Company & Directors' Information:- J P PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165990

Company & Directors' Information:- R K PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC043660

Company & Directors' Information:- A B PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC149404

Company & Directors' Information:- I P EQUIPMENTS PRIVATE LIMITED [Active] CIN = U74999MH2008PTC186500

Company & Directors' Information:- D P EQUIPMENTS PRIVATE LIMITED [Active] CIN = U29200KL2012PTC030841

Company & Directors' Information:- A K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG1996PTC023179

Company & Directors' Information:- S N M PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2010PTC040243

Company & Directors' Information:- J AND H PROJECTS PRIVATE LIMITED [Active] CIN = U45200GJ2013PTC074010

Company & Directors' Information:- N S PROJECTS PRIVATE LIMITED [Active] CIN = U70101WB2007PTC117882

Company & Directors' Information:- H S PROJECTS PRIVATE LIMITED [Active] CIN = U45208DL2006PTC153706

Company & Directors' Information:- N M PROJECTS PRIVATE LIMITED [Active] CIN = U29219DL2009PTC186728

Company & Directors' Information:- K. V. PROJECTS PRIVATE LIMITED [Active] CIN = U70102WB2012PTC188439

Company & Directors' Information:- K R S PROJECTS PRIVATE LIMITED [Active] CIN = U70102AP2012PTC082232

Company & Directors' Information:- K R EQUIPMENTS PRIVATE LIMITED [Active] CIN = U74899DL1986PTC023954

Company & Directors' Information:- B S C PROJECTS PRIVATE LIMITED [Active] CIN = U45200DL2011PTC227768

Company & Directors' Information:- J K PROJECTS PRIVATE LIMITED [Active] CIN = U45203GJ2001PTC039576

Company & Directors' Information:- F C C PROJECTS PRIVATE LIMITED [Active] CIN = U29248UP1982PTC005786

Company & Directors' Information:- S N PROJECTS LIMITED [Active] CIN = U85110KA1996PLC021040

Company & Directors' Information:- B. D. PROJECTS PRIVATE LIMITED [Amalgamated] CIN = U45400WB2010PTC147620

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U29100DL2010PTC209136

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2010PTC209136

Company & Directors' Information:- C B PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB1997PTC085237

Company & Directors' Information:- G G PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC091501

Company & Directors' Information:- V M G PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400WB2011PTC164117

Company & Directors' Information:- M. L. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151513

Company & Directors' Information:- R N D PROJECTS PRIVATE LIMITED [Active] CIN = U70102DL1996PTC080051

Company & Directors' Information:- M. K. N. PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2009PTC196755

Company & Directors' Information:- M B R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45300KA2009PTC049005

Company & Directors' Information:- G S P PROJECTS PRIVATE LIMITED [Active] CIN = U45201WB1992PTC057116

Company & Directors' Information:- R P G EQUIPMENTS PRIVATE LIMITED [Active] CIN = U32105DL2002PTC117454

Company & Directors' Information:- J E EQUIPMENTS PRIVATE LIMITED [Active] CIN = U29246WB1994PTC062911

Company & Directors' Information:- K P S PROJECTS PRIVATE LIMITED [Active] CIN = U70102TG2005PTC046280

Company & Directors' Information:- R S B EQUIPMENTS PRIVATE LIMITED [Active] CIN = U28112WB2003PTC096620

Company & Directors' Information:- Z G EQUIPMENTS PRIVATE LIMITED [Active] CIN = U31110GJ1979PTC003338

Company & Directors' Information:- E AND V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2004PTC042622

Company & Directors' Information:- T M R PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2010ULT211007

Company & Directors' Information:- P A PROJECTS PRIVATE LIMITED [Active] CIN = U45208WB1997PTC083907

Company & Directors' Information:- K C EQUIPMENTS PRIVATE LIMITED [Active] CIN = U36999GJ1987PTC009719

Company & Directors' Information:- M. I. EQUIPMENTS PRIVATE LIMITED [Active] CIN = U29253WB2008PTC127176

Company & Directors' Information:- N K D PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC128819

Company & Directors' Information:- A I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203WB2000PTC091229

Company & Directors' Information:- P N PROJECTS PRIVATE LIMITED [Active] CIN = U45202DL2016PTC289494

Company & Directors' Information:- A D M EQUIPMENTS PRIVATE LIMITED [Active] CIN = U74140DL2009PTC194386

Company & Directors' Information:- V AND M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC139731

Company & Directors' Information:- C G M EQUIPMENTS PRIVATE LIMITED [Active] CIN = U28910WB2010PTC141449

Company & Directors' Information:- U H V EQUIPMENTS PRIVATE LIMITED [Strike Off] CIN = U99999DL1992PTC051508

Company & Directors' Information:- K K PROJECTS PVT LTD [Strike Off] CIN = U70200WB1995PTC073058

Company & Directors' Information:- S L PROJECTS PRIVATE LIMITED [Active] CIN = U45400AN2009PTC000109

Company & Directors' Information:- A E EQUIPMENTS PRIVATE LIMITED [Active] CIN = U29244DL2011PTC228873

Company & Directors' Information:- PROJECTS PVT LTD [Strike Off] CIN = U45201WB1951PTC019759

Company & Directors' Information:- V K M PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2011PTC045725

Company & Directors' Information:- K P PROJECTS PVT LTD [Active] CIN = U70101WB1996PTC077397

Company & Directors' Information:- C R PROJECTS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032572

Company & Directors' Information:- N D B K PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U27100PB2012PTC036987

Company & Directors' Information:- N P R PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45400TN2012PTC086360

Company & Directors' Information:- G P N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U18101TZ2006PTC012749

Company & Directors' Information:- S P M EQUIPMENTS PRIVATE LIMITED [Strike Off] CIN = U29309TN1998PTC040539

Company & Directors' Information:- D H V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2005PTC045988

Company & Directors' Information:- V K R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC046370

Company & Directors' Information:- I N C PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2005PTC101620

Company & Directors' Information:- J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC136510

Company & Directors' Information:- D J PROJECTS PRIVATE LIMITED [Active] CIN = U15201DL2005PTC134979

Company & Directors' Information:- M S C K PROJECTS PRIVATE LIMITED [Converted to LLP] CIN = U70101DL2005PTC135407

Company & Directors' Information:- M. F. D. EQUIPMENTS PRIVATE LIMITED [Active] CIN = U74999WB2019PTC233007

Company & Directors' Information:- S R EQUIPMENTS PRIVATE LIMITED [Strike Off] CIN = U96000DL1988PTC030249

Company & Directors' Information:- B R T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203TG1996PTC025021

Company & Directors' Information:- T AND M PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201KA2008PTC045199

Company & Directors' Information:- A G EQUIPMENTS PRIVATE LIMITED [Active] CIN = U34201TZ2001PTC009710

Company & Directors' Information:- R AND D EQUIPMENTS PRIVATE LIMITED [Strike Off] CIN = U31909MH1995PTC091985

Company & Directors' Information:- S P I EQUIPMENTS INDIA PRIVATE LIMITED [Active] CIN = U29299TZ2010PTC015825

Company & Directors' Information:- A C G PROJECTS PRIVATE LIMITED [Active] CIN = U45201UP1999PTC024162

Company & Directors' Information:- C K B PROJECTS INDIA LIMITED [Strike Off] CIN = U70102WB2012PLC188740

Company & Directors' Information:- N E PROJECTS LTD [Strike Off] CIN = U16009AS1999PLC005873

Company & Directors' Information:- D R PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109612

Company & Directors' Information:- I J PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102KA2009PTC049320

Company & Directors' Information:- G C N PROJECTS PRIVATE LIMITED [Active] CIN = U45200KA2011PTC061371

Company & Directors' Information:- S R A EQUIPMENTS PRIVATE LIMITED [Active] CIN = U31506OR2011PTC013689

Company & Directors' Information:- L N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043064

Company & Directors' Information:- H B PROJECTS PVT LTD [Amalgamated] CIN = U45201WB1993PTC058846

Company & Directors' Information:- I. T. G PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063342

Company & Directors' Information:- P. S. PROJECTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109WB2011PTC170655

Company & Directors' Information:- A R N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202MH2010PTC199122

Company & Directors' Information:- S P PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203910

Company & Directors' Information:- J R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109HR2012PTC045119

Company & Directors' Information:- C N R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45201KA2007PTC041355

Company & Directors' Information:- X L EQUIPMENTS PVT LTD [Strike Off] CIN = U29100TG1977PTC001398

Company & Directors' Information:- R K P EQUIPMENTS PRIVATE LIMITED [Strike Off] CIN = U29150MH1976PTC019154

Company & Directors' Information:- A J PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45201MH2006PTC164622

Company & Directors' Information:- J M PROJECTS PRIVATE LIMITED [Active] CIN = U45200MP2007PTC019336

Company & Directors' Information:- L S S PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2013PTC059508

Company & Directors' Information:- G S EQUIPMENTS PRIVATE LIMITED [Active] CIN = U74899DL1988PTC033877

Company & Directors' Information:- A TO Z PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70101DL1995PTC069527

Company & Directors' Information:- G I T T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG2006PTC051193

Company & Directors' Information:- B R EQUIPMENTS PRIVATE LIMITED [Active] CIN = U29119GJ2002PTC041233

Company & Directors' Information:- J K EQUIPMENTS PRIVATE LIMITED [Strike Off] CIN = U29130PN2013PTC149185

Company & Directors' Information:- Z & I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45309TN2007PTC064972

Company & Directors' Information:- B. G. PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2012PTC231270

Company & Directors' Information:- P S R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400TG2015PTC101191

Company & Directors' Information:- E & E PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2015PTC075033

Company & Directors' Information:- B B R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045165

Company & Directors' Information:- M V R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045166

Company & Directors' Information:- L V S PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200TG2010PTC068286

Company & Directors' Information:- I S EQUIPMENTS INDIA PRIVATE LIMITED [Strike Off] CIN = U71210TG2015PTC098653

Company & Directors' Information:- R N V PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2011PTC044240

Company & Directors' Information:- U D EQUIPMENTS PRIVATE LIMITED [Strike Off] CIN = U45303CT2010PTC021975

Company & Directors' Information:- K L PROJECTS PRIVATE LIMITED [Active] CIN = U27104DL2003PTC119655

Company & Directors' Information:- K S M PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2009PTC194824

Company & Directors' Information:- 3 G PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC276736

Company & Directors' Information:- I S R PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2005PTC138210

Company & Directors' Information:- L V PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2014PTC272838

Company & Directors' Information:- S. Y. EQUIPMENTS PRIVATE LIMITED [Active] CIN = U74999DL2017PTC312545

Company & Directors' Information:- M K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117787

Company & Directors' Information:- B V M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC131352

Company & Directors' Information:- A & A EQUIPMENTS PRIVATE LIMITED [Strike Off] CIN = U31908DL2007PTC159297

Company & Directors' Information:- K. J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152898

Company & Directors' Information:- V N R PROJECTS PRIVATE LIMITED. [Active] CIN = U45400AP2008PTC060896

Company & Directors' Information:- C R R PROJECTS PRIVATE LIMITED [Active] CIN = U45400AP2015PTC097217

Company & Directors' Information:- A R P PROJECTS PRIVATE LIMITED [Active] CIN = U45200HR2012PTC044979

Company & Directors' Information:- H V PROJECTS PVT LTD [Active] CIN = U45202HR1997PTC033617

Company & Directors' Information:- V & V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109KA2005PTC037578

Company & Directors' Information:- M S S PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202KA2005PTC037905

Company & Directors' Information:- C AND T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140GJ2009PTC057480

Company & Directors' Information:- D C EQUIPMENTS PRIVATE LIMITED [Converted to LLP] CIN = U28999GJ1999PTC035884

Company & Directors' Information:- A AND B PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC051077

Company & Directors' Information:- B. P. S. R. PROJECTS PRIVATE LIMITED [Active] CIN = U70109RJ2018PTC063238

Company & Directors' Information:- SANKAR CORPORATION PRIVATE LIMITED [Not available for efiling] CIN = U74999PY1959PTC000034

Company & Directors' Information:- K. K. EQUIPMENTS PRIVATE LIMITED [Strike Off] CIN = U51500TG1997PTC027517

Company & Directors' Information:- R M S PROJECTS PVT LTD [Strike Off] CIN = U74210DL1975PTC007946

Company & Directors' Information:- A. R. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40200DL2007PTC161559

    OP (DRT). No. 4 of 2018

    Decided On, 18 July 2019

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    For the Petitioner: V.B. Unniraj, K. Seema, P. Anitha, R.S. Geetha, Advocates. For the Respondents: M.V. Thamban, SC. KSCC Ltd, Sunilnath, GP, R.S. Kalkura, SC.



Judgment Text

1. Though not directly, the principles of Dominus Litis and its adjunct aspects are drawn for examination in this case.

2. As is now well known, Dominus Litis is the person to whom a litigation belongs. Blacks Law Dictionary defines this latin phrase as the “Master of a Suit” - the person who is really and directly in control and responsibility of the lis.

3. This principle has been called for evaluation in this case because, interestingly, the 3rd respondent herein, who is the defendant in an Original Application before the Debts Recovery Tribunal, filed by the 2nd respondent - Bank, seeks that the petitioner be impleaded as an additional defendant therein; and that the Tribunal issue the Award only against them, even though the Bank seeks no such relief and in fact, does not support the impleadment.

4. First, an apercus of the facts presented:

The petitioner, which is stated to be a Public Limited Company, impugns Ext.P10 order issued by the Debts Recovery Appellate Tribunal, Chennai (DRAT for short), as per which, they have been ordered to be impleaded as a defendant in an Original Application preferred by the State Bank of Travancore (presently the 'State Bank of India') before the Debts Recovery Tribunal, Ernakulam (hereinafter DRT for brevity), against the 3rd respondent - Kerala State Construction Corporation Ltd. (KSCC for short), seeking recovery of certain amounts allegedly due from them under a Bank Guarantee.

5. According to the petitioner, they had earlier entered into a contract with KSCC, under which certain works were to be completed by them in the country of Libya; but that on account of violation of the conditions under it, they were constrained to invoke a Bank Guarantee, issued by the Bank in favour of the KSCC to secure the terms of the said contract, which had been honoured by the Bank. According to them, the Bank, thereafter, filed Original Application No.67 of 2005 before the Debts Recovery Tribunal, Ernakulam against the KSCC to recover the amounts paid by them under the Bank Guarantee, wherein, KSCC attempted to implead them as a necessary party, which was initially allowed, but subsequently vacated. They say that this was challenged by the KSCC before the DRAT by filing M.A.No.6 of 2014 and that their impleadment has been now ordered by the said Tribunal through Ext.P10 order. The petitioner says that Ext.P10 has been issued without proper application of mind and without considering any of the relevant facts and therefore, that the said order be set aside.

6. I have heard Smt.Anitha P, appearing on behalf of the petitioner; Sri.R.Reji, appearing on behalf of the 3rd respondent; Sri.R.S.Kalkura, learned standing counsel appearing for respondent No.2 - Bank and learned Government Pleader, Sri.Sunil Nath, appearing for the 4th respondent.

7. When I examine Ext.P10, which is impugned in this writ petition, it becomes ineluctable that the DRAT has allowed the application, merely holding that impleadment of the petitioner in the O.A will “ultimately help in effective adjudication of the matter and it may absolve the Appellant also from his financial liability”(sic). No other reasons are discernible from the order allowing the impleadment and I am afraid that it cannot obtain support in law, particularly when the Bank does not have any claim against the petitioner nor do they seek any Award or order against them.

8. Pertinently, the Original Application has been filed solely against the KSCC and the Bank has only sought an Award against them and not against the petitioner. Therefore, even if the petitioner is impleaded on the party array, I fail to comprehend what benefit it would obtain to the KSCC because, a Recovery Certificate can be issued only against the person/entity against whom a relief has been sought for by the Bank. The KSCC's attempt to implead the petitioner appears to be to create a defence that they are not responsible for the debt and that it is the petitioner who should pay the same. This plea certainly can be taken by them in the Original Application and prove it, by calling the petitioner as a witness, if it is so permissible, or through such other legally sanctioned methods; rather than seeking to bring them on the party array as an additional defendant, against whom, in any case, the Bank seeks no relief, thus disabling the DRT from issuing any orders/Award against them in the Original Application.

9. I therefore, completely fail to understand how the Debts Recovery Tribunal could have allowed the application for impleading the petitioner, through an order like Ext.P10, merely stating that the impleadment of the petitioner will ultimately help in the adjudication of the matter.

10. Further, even though the provisions of the Code of Civil Procedure may not be fully applicable to the proceedings before the DRT or the DRAT, I will be justified in considering whether the provisions of Order I, Rule 10 of CPC, would permit the course adopted by the DRAT. The impugned order shows that the DRAT has not adverted to this and this is vital because had it done so, the impleadment may not have been allowed by it because, as it is clear from the manner of this provision, a Court has to first decide whether the liability, based on which the plaintiff seeks a decree, is to be answered by someone else other than the defendant; but where it is expressly conceded that the Bank does not have any such case and that they do not want to claim any amount against anyone else, they cannot be forced to fight against a party, who they do not want to array as a defendant, unless there is a compulsion in law.

11. I do not need to say anything further about this because, these principles have been lucidly, but firmly, established by the Hon'ble Supreme Court of India in Kasturi v. Iyyamperumal and others [(2005) 6 SCC 733], though the observations in paragraphs 16 and 18, which is as below:

16. That apart, from a plain reading of the expression used in sub-rule (2) Order 1 Rule 10 CPC “all the questions involved in the suit” it is abundantly clear that the legislature clearly meant that the controversies raised as between the parties to the litigation must be gone into only, that is to say, controversies with regard to the right which is set up and the relief claimed on one side and denied on the other and not the controversies which may arise between the plaintiff-appellant and the defendants inter se or questions between the parties to the suit and a third party. In our view, therefore, the court cannot allow adjudication of collateral matters so as to convert a suit for specific performance of contract for sale into a complicated suit for title between the plaintiff-appellant on one hand and Respondents 2 and 3 and Respondents 1 and 4 to 11 on the other.

18. That apart, there is another principle which cannot also be forgotten. The appellant, who has filed the instant suit for specific performance of the contract for sale is dominus litis and cannot be forced to add parties against whom he does not want to fight unless it is a compulsion of the rule of law, as already discussed above. For the reasons aforesaid, we are, therefo

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re, of the view that Respondents 1 and 4 to 11 are neither necessary parties nor proper parties and therefore, they are not entitled to be added as proper parties and therefore they are not entitled to be added as party-defendants in the pending suit for specific performance of the contract for sale. In the afore circumstances, I have no other option but to set aside Ext.P10 order; however, leaving liberty to the 3rd respondent to invoke and pursue their all defences and methods available to them, including by calling the petitioner - company as a witness in the Original Application, if it is so permissible; reiteratingly clarifying and that nothing contained in this judgment will be construed to trammel such rights in any manner whatsoever. This original petition is thus ordered.
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