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2017 (11) TMI 925 - Tri - Companies LawApplicants as appropriate and necessary parties - Held that:- It is the settled position of law that the proper and necessary parties should be impleaded to a litigation, in order to avoid multiplicity of litigation later on with a similar prayer. Moreover, the main issue is pending from the year 2008, and if the Applicants are not permitted to add as petitioners as prayed for in the' present application, it will lead to file a separate Company Petition, which is not at all warranted, since the prayer of the Applicants in the present Company Application is already covered by the prayer in the main Company Petition 71/2008. As considered the pleadings made by both the parties along with supporting material papers. It is true that the court/Tribunal should not permit to file litigation separately for the same cause of action. The suit/Company Petition is required to be filed by impleading all proper and necessary parties to the litigation instituted in a court of law. As convinced that the applicants are appropriate and necessary parties to the main CP No. 71 of 2008, and allowing this Application would not cause any prejudice to anybody. On the other hand, it would facilitate to decide the issue by associating all the proper and necessary parties. Therefore, the Company Application deserves to be allowed.
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