TaxTMI 
TaxTMI 
2022 (12) TMI 735
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....ed on behalf of Commissioner of Customs (General), Air Cargo Complex, Sahar, Andheri (East), Mumbai -400009 seeking impleadment in the present suit as a proper party. 2. The application is premised on the infringement of the intellectual property rights of the plaintiff in terms of the Custom Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (hereinafter referred to as 'IPR Enforcement Rules'), on account of the import of goods by the defendant. The applicant had passed a seizure memo dated 2nd May, 2018 in respect of 9,644pieces of the goods imported by the defendant under Section 110(1) of the Customs Act, 1962. It is also the case of the applicant that goods which have been imported into India are in violation of p....
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....parties is that the plaintiff in a suit, being dominus litis, may choose the persons against whom he wishes to litigate and cannot be compelled to sue a person against whom he does not seek any relief. 6. In Kasturi v. Iyyamperumal, (2005) 6 SCC 733, the Supreme Court laid down the tests to determine as to who is a necessary party and proper party in a suit. The relevant portions are set out below: "7*. In our view, a bare reading of this provision, namely, second part of Order 1 Rule 10 sub-rule (2) CPC would clearly show that the necessary parties in a suit for specific performance of a contract for sale are the parties to the contract or if they are dead, their legal representatives as also a person who had purchased the cont....
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.... the CPC. Paragraph 36 in this regard is set out below : "36. Though there is apparent conflict in the observations made in some of the aforementioned judgments, the broad principles which should govern disposal of an application for impleadment are : 1. The court can, at any stage of the proceedings, either on an application made by the parties or otherwise, direct impleadment of any person as party, who ought to have been joined as plaintiff or defendant or whose presence before the court is necessary for effective and complete adjudication of the issues involved in the suit. 2. A necessary party is the person who ought to be joined as party to the suit and in whose absence an effective decree cannot be passed b....
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....in the present suit in the absence of the applicant. It is not even the case of the applicant that the applicant is a necessary party, as the present application seeks impleadment only on the basis of the applicant being a proper party. 10. In terms of the legal position discussed above, for a person to be a proper party to a suit, it is to be seen whether the presence of such person would enable the Court to completely, effectively and properly adjudicate upon the issue in the case. 11. At this stage, a reference may be made to Rule 11 of the IPR Enforcement Rules, the relevant portion is set out below: "11. Disposal of infringing goods. - (1) Where upon determination by the Deputy Commissioner of Customs or Assista....