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2018 (9) TMI 1965 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIOppression and Mismanagement - Rejection of impleadment of appellant - Appellant claimed that the original Petitioner was indulging in illegalities and non-compliance and fabrication of documents and claimed dismissal of the Company Petition - HELD THAT:- The NCLT could not have again sat over the matter to see whether the Appellant had made out a case or not of being shareholder. The original Petitioner has proposed to maintain the petition on the basis of support of 23 members. The Appellant was pointing out that the claim on the basis of which 23 members claimed rights, is a disputed question and the Respondents from whom those persons claimed to have got rights was the disputed question. In such situation in the first place itself, CA 1/2013 should have been allowed. When the rejecting of the CA 1/2013 had been set aside, it was not proper for NCLT not to treat the Appellant as the impleaded Respondent. At such preliminary stage, it was not necessary for the NCLT to go into what has been observed in OS 590 of 2009 relating to disputes between the parties, especially when it is stated before us (and not denied by the counsel for Respondents) that Appeal against the Impugned Order in OS 590 of 2009 is still pending. The impleadment application already stood disposed vide this Tribunal’s earlier Judgement and the NCLT had no other option but to proceed with the matter treating the Appellant as party Respondent - petition disposed off.
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