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Judgment
4 paragraphs · 226 wordsToday respondent no. 1 has appeared through Mr. Deepak Jain, Authorised Representative. Learned counsel for the petitioner has accepted on instructions that the petitioner and respondent no. 1 are engaged in talks for settlement and agreement is likely to be reached soon. Mr. Jain submits that he has not filed any reply because the talks for settlement are going on.
Post the matter under the same head on 4.4.2022. If the settlement agreement is not signed by then, it will be open for respondent no. 1 to file its reply before the next date.
Heard learned counsel for respondent no. 2 and learned counsel for the petitioner in respect of preliminary objections raised by respondent no. 2 that it is neither a necessary nor a proper party. In the peculiar facts of the case, learned counsel for respondent no. 2 submits that in similar facts and circumstances, this Tribunal has passed several orders deleting respondent no. 2 from the array of respondents. He has placed reliance upon order dated 9.11.2021 passed in M.A. No. 76 of 2021 arising out of B.P. No. 107 of 2021.
Considering that the facts and circumstances are similar, the earlier orders are required to be followed and hence, respondent no. 2 is directed to be deleted from the array of respondents. Amended memo of parties should be filed within three weeks.
