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2021 (2) TMI 521 - AT - Companies LawViolation of principles of natural justice - main grievance of the ‘Appellant’ is that the ‘Devas’ Company was grossly deprived of ‘Principles of Natural Justice’ and in fact, more than 2400 pages were filed on the side of the First Respondent/Petitioner before the ‘Tribunal’ in petition on the earlier date and on the next date, the Petition was numbered and listed before the ‘Tribunal’ - HELD THAT:- As per Section 273(1c) of the Companies Act, the ‘Tribunal’ has the requisite powers to pass interim orders, even against a stranger to the proceedings, with a view to preserve the property of the company Furthermore, the ‘Tribunal’ has necessary powers to appoint ‘Provisional Liquidator’ which will also necessarily affects the ‘rights’ and interests of numerous parties which may not be parties to the winding up proceedings - In this connection it is pertinent to make a mention that the ‘Tribunal’ has an inherent power to pass an ‘interim order(s)’, which is just and necessary to prevent an abuse of process of the ‘Tribunal’ or to advance the cause of Justice or to pass orders, which are vital to meet the ends of justice. In fact, the words, ‘occurring’ in Section 273(1)(e) of the Companies Act, 2013, ‘any other order as it thinks fit means that the ‘Tribunal’ in ‘winding up petition’ has wide powers to pass necessary orders. In so far as the ‘Principles of Natural Justice’ are concerned, it cannot be imprisoned in a strait-jacket form. It cannot be lost sight of that a necessary party is an individual who should have been arrayed as a ‘party’ and in whose absence, no effective order can be passed by a ‘Court of Law’/’Tribunal’, as the case may be - It is to be remembered that a ‘proper party’ is a ‘party’ who although not a necessary party, is a ‘Person’ whose presence will enable the ‘Tribunal’ to completely, effectively, efficaciously and adequately to determine all the issues/questions encircling around a particular case. Although the ‘Appellant’ claims that it is ‘Shareholder’ of Third Respondent/Devas Multi Media Pvt.Ltd.(Company) presently holding 3.48% of Issued Equity Share Capital therein and in as much as the impugned order dated 19.1.2021 passed by the National Company Law Tribunal according to the Appellant, affects its right to participate in the ‘Affairs’ and ‘Management’ of Third Respondent, this ‘Tribunal’ taking note of the entire facts and Circumstances of the instant case, in a Conspectus Fashion at this stage, simpliciter without traversing / and not delving deep into the controversies centering around the pending main C.P.No.06/BB/2021 pending on the file of National Company Law Tribunal, Bengaluru Bench, deems it fit and proper in ‘Directing’ the ‘Appellant’ to file necessary ‘Interlocutory Application’ before the ‘Tribunal’ seeking permission to implead itself in the main pending Company Petition setting out necessary facts/reasons for the same and if such an ‘Application’ is filed by the ‘Appellant’ for redressal of its grievances before the ‘Tribunal’, then the ‘Tribunal’ can take it on file (if it is otherwise in order) and after numbering of the same it shall provide ‘reasonable opportunity of being heard’ to the respective sides by adhering to the ‘Principles of Justice’, and to pass an order ascribing reasons on merits, of course, in the manner known to ‘Law’ and in accordance with ‘Law’. The instant Company Appeal shall stand disposed of, but without costs.
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