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2018 (11) TMI 1956 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIRejection of application for impleadment of Director of Respondent as a party - Section 424 of the Companies Act, 2013 - HELD THAT:- What comes to fore from record is that the Appellants primarily sought impleadment of Mr. Pranav Patwardhan as party respondent on the score that such appointment was illegal and documents were fabricated to file statutory compliances while other reliefs claimed were consequential. This factual position stares in the face of Appellants who cannot wriggle out of the same. Even the Memo of Appeal incorporates this factual position. The impleadment was sought on the ground that such appointment was violative of Section 161 of the Companies Act, 2013. The Tribunal took cognizance of the fact that Mr. Pranav Patwardhan had already resigned from the post of Additional Director on 16th January, 2018. The factum and validity of such resignation has not been questioned by the Appellants. Infraction of the Articles of Association of the Company or provisions of Companies Act in this regard cannot be attributed to Mr. Pranav Patwardhan who is neither a necessary party nor a proper party for being impleaded as party respondent, more so as he has admittedly tendered resignation on 16th January, 2018 and ceased to be a member of the Board of Directors. There being no legal infirmity in the impugned order, the appeal merits dismissal - Appeal dismissed.
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