Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 7 CS SCJ 757/25
ANAND SINGH Vs. DATAR SECURITY SERVICES PVT LTD
20.09.2025
Present : Sh. A.K. Jha, Ld. Counsel for plaintiff through VC.
Heard. Perused.
The plaintiff has filed a suit for recovery against
defendant no. 1 i.e. Datar Security Services Pvt Ltd and its
Directors i.e. defendants no. 2 and 3.
As per the case of
Tristar Consultants v.
M/s.Vcustomer Services India Pvt. Ltd. & Anr., (C.R.P.
No.365/2006 decided on 05.03.2007), it was held that a
company is a distinct legal entity and its Directors are generally
not personally liable for its contractual obligations. However,
they can be held liable where they have executed a personal
guarantee or indemnity or where they have committed a tort,
such as fraudulent misrepresentation or inducing a third party to
act to their detriment. In such cases, the Directors will be liable
not because of any contractual liability, but because of the tort of
misrepresentation or inducement.
In the present case, on perusal of the plaint, it
transpires that the plaintiff has not averred that there was privity
of contract with defendants no. 2 and 3 in their personal capacity.
Therefore, in view of the facts pleaded and settled
position of law, no case of joint and several liability is made out
qua defendants no. 2 and 3.
Accordingly, issue summons for settlement of issues
for service upon defendant no. 1 by ordinary process as well as
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through post/speed post/courier/e-mail, on filing of PF within 07
working days, returnable for 27.11.2025. Summons be also
served through electronic mode / WhatsApp / e-mail on filing of
affidavit of plaintiff qua the mobile phone number/e-mail of
defendant and soft copy of the suit as well as documents at the
email ID of the court alongwith PF, returnable for NDOH.
Process Server is directed to give report of three
mandatory visits and in case of non-availability / refusal summon
be served by way of affixation.
Further Plaintiff to submit the internet generated
tracking report of proof of delivery of summons sent through post
alongwith the certificate of Section 63 of the BSA Act, 2023 for
the next date.
Defendants no. 2 and 3 stand deleted from array of
parties. Amended memo of parties be filed alongwith PF.
(Priyanka Rajpoot)
SCJ-cum-RC, New Delhi,
PHC, New Delhi/20.09.2025
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