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NAK Engineering Company Pvt. Ltd. v. Tarun Keshrichand Shah & Ors.

Not available · 2026 INSC 8Decided 5 Jan 2026
Not available
Justice Pankaj Mithal · Justice Prasanna B. Varale

Background

A company claiming to be the corporate successor of an original defendant in an ex-parte suit sought to join the case nine years after learning of it. The trial court allowed it; the High Court, under Article 227, reversed.

Decision Breakdown

The Supreme Court upheld the removal: the applicant was neither necessary nor proper since the plaintiffs sought no relief against it, it failed to prove genuine legal succession, and it waited nine years despite having known of the suit since 2008. Any eventual decree was directed not to bind the applicant.

Lesson Learnt

A company cannot force its way into someone else's lawsuit just by claiming a business connection; unreasonable delay in seeking to join a case can itself defeat the request.

Official source (sci.gov.in)View Judgment (PDF)

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