The Cargo Clinic vs Maria Aquacon Private Limited on 11 August, 2025

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The only reason for impleading defendant No. 2 is stated

in paragraph 8 of the Plaint, wherein it is stated that the

plaintiff had accommodated credit services to the defendant

No. 1 only on the request and solemn assurance of

CT 1390_Com.O.S.No.775-2023_Judgment.doc
KABC170015832023

defendant No. 2 who had introduced defendant No. 1 to the

plaintiff.

31. Merely because defendant No. 2 introduced the

plaintiff to the defendant No. 1 is not a ground for imposing

liability on the defendant No. 2 when the freight forwarding

services is provided only to defendant No. 1 and not to

defendant No. 2. It is noted that, even in the Plaint prayer

column, the relief of recovery of the amount is sought only

from defendant No. 1. Therefore, it follows that no

decree can be passed against defendant No. 2 and

suit is liable to be dismissed against defendant No. 2.

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