Soumen Sen, J. - (1.) This is an application filed by the defendant no.3 Eros International Media Limited for deletion of the name of the defendant no.3 from the cause title of the suit. The basis of the application appears to be that the applicant is an agent of a foreign disclosed principal in view of Section 230 of the Indian Contract Act. The suit is not maintainable in such circumstances against the agent.
(2.) Mr. Abhrajit Mitra, the learned Senior Counsel appearing on behalf of the petitioner has submitted that in the plaint the plaintiff has categorically stated that the defendant no.3 acted as an agent of the defendant no.1 and 2 and in view thereof the suit is not maintainable under Section 230 of the Indian Contract Act.
(3.) Mr. Mitra has referred to paragraph 21 of the plaint and submits that it has been categorically stated in the said paragraph that the defendant no.3 has been acting for and on behalf of the defendant no. 1 and 2 and has been acting as an agent of the defendant no.1.;