Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CS (COMM): 427/2026
ARDH SAINIK LOGISTIC PVT. LTD. VS. SOKUDO ELECTRIC INDIA
PVT. LTD. & ORS.
06.06.2026
Fresh suit received by way of assignment.
It be checked and registered.
Present: Ms. Simran, Ld. counsel for plaintiff.
Defendant No.1 is a Private Limited company whereas defendants
No.2 and 3 are stated to be its officials. It is, however, admitted position that
there are no allegations of fraud against defendants No.2 & 3. It is further
admitted position that D2 & D3 have not executed any personal guarantee for
repayment of the debts of defendant No.1.
The law with regard to personal liability of Director(s)/officials of a
private limited company is quite settled in the teeth of provisions of Section
230 of Indian Contract Act, 1872, whereby Directors/officials owe no fiduciary
or contractual duties or any duty of care to third parties, who deal with the
company.
In this view of the matter, defendants No.2 & 3 are neither
necessary nor proper party. Their names accordingly stand deleted from the
array of parties.
Let amended memo of parties be filed within a week from tody.
Thereafter, issue summons in the matter against defendant on filing
of PF/RC, through all permissible modes, returnable for 04.11.2026. Steps be
taken within 15 days.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/06.06.2026
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