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2021 (7) TMI 411 - AT - Companies LawMismanagement and oppression - section 241 and 242 of the Companies Act, 2013 - Appellants submits that the First Respondent/Applicant had failed to establish that how his rights as shareholder will get affected - HELD THAT:- It is relevantly pointed out that a ‘Tribunal’ has the requisite power to add or strike out a party at any stage of a given proceedings, in the considered opinion of this ‘Appellate Tribunal’. Further, in Law, to bring a person as a Party/ Respondent/Defendant in a given case/legal proceedings is not a ‘Substantive Right’ but one of ‘procedure’ and the ‘Tribunal’ in this regard, is to exercise its sound judicial discretion. To determine whether a ‘person’ is to be impleaded or otherwise, cannot depend mainly on the aspect as to whether he has an interest in the property, but whether a right of a person would get affected, if not impleaded in a given pending legal proceedings before the ‘Competent Forum’. As a matter of fact, the ‘Tribunal’ can permit even the impleadment of third party, if his/its presence is necessary for adjudication of the subject matter in issue. In the instant case on hand, the fact that First Respondent/Applicant being a shareholder of the 9th Respondent/Company is not in dispute. It cannot be brushed aside that in the main Company Petition, the Appellants/Petitioners had alleged ‘mismanagement’ and ‘oppression’ in the Company - Appeal dismissed.
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