9911796707
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Issues:
1. Impleadment of IDBI as a necessary or proper party in a dispute regarding promoters agreement. 2. Suit filed to enforce promoters agreement and rights arising therein. 3. Contention of plaintiff regarding dominus litis and objection by defendant No.1. 4. Stand of IDBI and defendant SPGL on being impleaded as a party. 5. Support of defendant No.3 NTPC for the application. 6. Analysis of the necessity of IDBI's presence in the suit. 7. Legal interest required for being joined as a party. 8. Comparison with legal precedents regarding adding parties in suits. 9. Observations from English judgments on adding parties. 10. Application of tests for adding parties under Order 1 Rule 10 CPC. 11. Conclusion on the necessity of IDBI being impleaded as a party. Analysis: 1. The core issue in this case revolves around whether IDBI should be impleaded as a necessary or proper party in a dispute concerning the promoters agreement. The plaintiff seeks to enforce the agreement, alleging violations by defendants No. 2 and 3, and the need for amendments in the Articles of Association. The suit aims to ensure the rights arising from the agreement are upheld. 2. The plaintiff, defendant No. 2, and 3 entered a joint venture based on the promoters agreement. The plaintiff alleges violations by the defendants and seeks remedies to address the financial implications of these breaches. The impleadment of IDBI is sought to safeguard public investments and ensure the project's smooth implementation, despite IDBI's stance of not normally involving itself in inter se disputes between promoters. 3. The plaintiff asserts dominus litis in the suit, emphasizing the necessity of IDBI's presence for evidentiary purposes. However, defendant No.1 objects to IDBI's impleadment, citing the overtaking of the promoters agreement by events and the lack of necessity for IDBI's involvement in resolving the disputes. 4. IDBI maintains a neutral stance, emphasizing its role as a financial institution focused on project financing and expressing willingness to abide by the court's decision. Defendant SPGL opposes IDBI's impleadment, arguing that it is neither necessary nor proper, given the lack of claims against IDBI and the evolving nature of the project's ownership structure. 5. Defendant No.3 NTPC supports the application for IDBI's impleadment, aligning with the plaintiff's position on the necessity of IDBI's presence in the suit. 6. The court deliberates on the necessity of IDBI's impleadment, considering the evidentiary value of IDBI's involvement in proving compliance with the promoters agreement. It concludes that IDBI's presence is not essential as a party but may be required for evidentiary purposes, thus dismissing the application for impleading IDBI. 7. Legal interest is a crucial factor for joining a party in proceedings, requiring a recognized stake in the subject matter to curtail legal rights. Mere commercial interest is insufficient for impleadment. 8. Legal precedents, including Razia Begum's case, emphasize the need for a direct interest in the subject matter for adding parties to a suit, highlighting the importance of substantive legal interests in litigation. 9. English judgments further reinforce the requirement of a party having a direct or legal interest in the subject matter, rather than a mere commercial or indirect interest, for impleadment in legal proceedings. 10. The court applies tests for adding parties under Order 1 Rule 10 CPC, emphasizing the need for substantive legal interests and the avoidance of adding parties for extraneous reasons unrelated to the subject matter of the suit. 11. Considering the lack of substantive legal interest for IDBI in the suit's questions, the court concludes that IDBI is neither a necessary nor proper party, leading to the dismissal of the application for its impleadment.
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