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2021 (2) TMI 1306 - Insolvency & Bankruptcy
Seeking impleadment of applicant to the present company petition - Order I, Rule 10(2) of the Code of Civil Procedure - HELD THAT:- Present petition is filed by the company along with members/directors of petitioner No. 1-company, which generally is not the case. Thus the interest of all members will be taken care of, albeit without being joined in the proceedings. If the arguments of the applicant are accepted that he has qualified to be impleaded as a party in proceedings under Section 241-242 of the Companies Act, 2013, merely because he is a member of the company as described under Section 2(55) of the Companies Act, 2013, then every member may need or file such application, at any stage of the proceedings and the main petition may not see the light of the day ever.
There is not even a whisper about any instance/incident/any document to show that non-joinder of the present applicant will prejudice the rights of the proposed petitioner or will prejudice the adjudication of the petition. The petition is filed in the year 2016 whereas the impleadment is filed in 2020 (though not barred) specially when applicant claims that his membership and/or directorship are of 2007-08 and after rounds of litigations are upheld in year 2014. So at the time of filing of present petition in 2016, the same could have been considered to make present applicant as a party or not.
There are no merits in the application - application dismissed.