P.B.Mukharji, J. - (1.) This is an application on behalf of Brahmaputra Tea Co. Ltd. to be added as a party defendant in this suit and for stay of the suit until the disposal of this application. The application is dated 17-7-68. The grounds of this application are the petition of Brahmaputra Tea Co. Ltd., the applicant, verified by an affidavit of Bejoy Kumar Mundra, a Director of the applicant Company affirmed on 17-7-68 and also the plaint and proceedings in the present suit.
(2.) The substance of this application is the submission that the petitioner Brahmaputra Tea Co. Ltd. is a necessary party to the suit. In order to show that it is a necessary party to the suit, the applicant relies on mainly two agreements, one dated 16-1-68 and the other dated 27-1-68.
(3.) The first agreement of 16-1-68 is between Nirmaljit Singh Hoon and Sukhdev Varma. By this agreement Mr. Hoon agrees to sell and Mr. Varma agrees to buy Mr. Hoon's entire interest in the companies mentioned in the agreement for the sum of 225,000 payable on (a) 15-2-68, (b) 31-12-68, (c) 31-12-69 and (d) 31-12-70, the first of such payment being 75,000 and the rest of the instalments at the rate of 50,000. There is no list of companies as such by name described to show Mr. Hoon's entire interest in such companies which was being sold by Mr. Hoon. It is however stated in the recital of this agreement that Mr. Hoon and Mr. Varma have been and are associated in the ownership of Romanigo Holdings S.A.H., a company incorporated in Luxembourg. This Romanigo has subsidiary companies incorporated in England, Singapore and India. It is further stated in the recital of this agreement that the most important companies which are subsidiaries of Romanigo are The Turner Morrison and Grahams Group of Companies Ltd., Hungerford Investment Trust Ltd. (in voluntary liquidation) and Turner Morrison & Co. Ltd. Turner Morrison & Co. Ltd., is the plaintiff in this suit in this Court and Hungerford Investment Trust Ltd. (in voluntary liquidation) is the defendant in this suit Mr. Hoon is said inter alia to be one of the Liquidators of the defendant Hungerford Investment Trust Ltd. (in voluntary liquidation).;