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2016 (8) TMI 1303 - Tri - Companies LawWinding up petition - Application for impleadment - Held that:- Such application is allowed, if a party is a necessary party without whom no order can be made effectively or a proper party in whose absence an effective order cannot be made and whose presence is necessary for complete and final decision on the question involved in the proceeding. In this case, the applicant has applied for impleadment in a company petition filed under section 397/398 under the Companies Act, 1956. The action being a shareholder action, a non-shareholder and a non-member cannot seek to assert any right or to agitate any grievance in the same. If application is not allowed, he will not suffer any prejudice in the event of reliefs as prayed for in the company petition being granted or not. In the present case, the applicant has sought to assert a right to obtain the petitioner's shares in the company on the basis of the memorandum of understanding. This being a private dispute under an independent contract between the shareholder and prospective purchaser of his shares in company, which is not a dispute which comes under the purview of the company petition filed under sections 397 and 398 of the Companies Act, 1956. Thus, it is clear that the applicant is neither a necessary party nor a proper party, and whose presence in the company petition is not essential for a complete and final decision on the question involved in the company petition filed under sections 397 and 398 of the Act. Therefore, this court has no jurisdiction to order impleadment of applicant especially against the wishes of the petitioner. Hence, the applicant's prayer for impleadment is rejected.
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