DIRECTOR GENERAL (INVESTIGATION AND REGISTRATION) vs Kelvinator of India Limited

ONE Shri J.P. Chugh resident of H. No. 2, Block No. 18, Nehru Nagar (West), Bhilai had purchased a Kelvinator Refrigerator from M/s. Singh Radio who is one of the respondents in this case and M/s. Kelvinator of India Limited was made respondent No. 1. It appears that the Whirlpool India Limited has purchased the entire shares of Kelvinator of India Limited and it is Whirlpool India Limited which is manufacturing the refrigerators and washing machines etc. Thus, in the changed circumstances whether relief in the instant case as sought for, i.e. ''ceased and desist'' can be granted. It is not disputed that Kelvinator of India Limited is not in existence against whom the relief is sought for and no documentary evidence is brought on record to suggest that by an agreement the Whirlpool India Limited is responsible for any liability or asset incurred by the Kelvinator of India Limited. In view of these facts, an application has been made on behalf of the Whirlpool India Limited that the relief as sought for cannot be granted against it and, therefore, it maybe discharged and its name may be deleted from the array of respondents. The submissions made by the Counsel appearing for the Whirlpool India Limited has some force and, therefore, his application is allowed and it is directed that the name of the Whirlpool India Limited may be deleted from the array of the respondents.

SINCE no relief for compensation is prayed except the relief referred to above, therefore, continuing with the proceedings against the remaining respondents would be meaningless as it becomes infructuous and accordingly it is finally disposed of. However, no order as to costs. Complaint disposed of.