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2009 (10) TMI 537 - HIGH COURT OF MADRASWhether the Company Law Board is right in deleting the name of the fourth respondent in the company petition, who is the fifth respondent in Company Appeal No. 16 of 2009 and the fourth respondent in Company Appeal No. 20 of 2009? Held that:- If a party to a litigation satisfies the court that the person sought to be impleaded, passes any one or more of the above tests, then he is entitled to get the discretion of the court exercised in his favour. The above tests are not exhaustive and at times, even if a person falls under any one of the above categories, the court may refuse to implead him. Considering the facts of this case, particularly with regard to the prayer made in the company petition, the fourth respondent is bound to be retained as a party respondent in the company petition. Deletion of his name permitted by the Company Law Board on the basis of the memo filed by the company petitioners is unsustainable and the said order is set aside. Appeal allowed.
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