Earthy Goods Foundation v. Ifmr Trust And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY THE 12TH DAY OF SEPTEMBER 2019 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A.Nos.6728 and 6292 of 2019 in C.S.No.414 of 2013

1. IFMR TRUST Represented by its Trustee IFMR Trusteeship Services P. Ltd., IITM Research Park, Chennai 600 113.

2. NE Processed Foods P Ltd., Rep.by IFMR Trusteeship Services P Ltd., IITM Research Park, Chennai 600 113.

: Plaintiffs Vs.

1. Earthy Goods and Services Private Limited., Represented by its Director

2. Ms.Reshna Anand D/o. Late Major S.C.Anand

3. Earthy Goods Foundations Represented by its President 1 to 3 are at F-19, Hauz Khas Enclave, New Delhi 110 016.

:Defendants A.No.6728 of 2019:

Earthy Goods Foundation, Rep.by its President, ..Applicant/3rd Defendants 1/4

vs

1. I.F.M.R. TRUST Represented by its Trustee I.F.M.R. Trusteeship Services P. Ltd., I.I.T.M. Research Park, Chennai - 113.

2. N.E. Processed Foods Pvt. Ltd., Rep.by I.F.M.R. Trusteeship Services Pvt. Ltd., I.I.T.M. Research Park, Chennai - 113.

..Respondents 1 & 2 / Plaintiffs

3. Earthy Goods and Services Pvt. Ltd., Rep by its Director F-19, Hauz Khas Enclave, New Delhi 110 016

4. Ms.Reshna Anand D/o. Late Major S.C.Anand F-19, Hauz Khas Enclave, New Delhi 110 016 ..Respondent 3&4/Defendants 1 & 2 Application praying that this Hon'ble Court be pleased to delete/strike out the Applicant/3rd Defendant from the array of parties in the above suit C.S.(Comm.Division)No.414 of 2013. A.No.6292 of 2019:

D/o.late Major S.C.Anand, ..Applicant vs

1. I.F.M.R. TRUST Represented by its Trustee I.F.M.R. Trusteeship Services P. Ltd., I.I.T.M. Research Park, Chennai - 113.

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2. N.E. Processed Foods Pvt. Ltd., Rep.by I.F.M.R. Trusteeship Services Pvt. Ltd., I.I.T.M. Research Park, Chennai - 113.

3. Earthy Goods and Services Pvt. Ltd., Rep by its Director F-19, Hauz Khas Enclave, New Delhi 110 016 4.Earthy Goods Foundation, Rep.by its President, ..Respondents Application praying that this Hon'ble Court be pleased to strike out the applicant from the array of parties in the above suit.

These applications coming on this day before this Court for hearing The present Applications have been filed by the applicants/defendants 2 and 3, to strike out the applicants from the array of parties in C.S.No.414 of 2013.

2. Since the applicants have executed the documents in their individual capacity, they are necessary parties to decide the issues in the suit. Hence, these applications stands dismissed.

3. As per the order of this Court, the second defendant filed the written statement.

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4. Post the matter on 24.09.2019.

Sd/-N.S.K.J 12/09/2019 //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) JJ 31/10/2019 From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. 4/4