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2018 (3) TMI 199 - AT - Companies LawOppression and mismanagement - Held that:- Original petitioner himself has restricted his challenge to the impugned allotments made in favour of the petitioner and original second and third respondents in the company petition. When this is so, the learned counsel for the appellant is rightly submitting that without amending the company petition and without giving particulars in their application for impleadment as to how and why the appellant is a necessary party, the impleadment could not have been allowed just for the asking. From the paragraphs reproduced from CA 34/2016, it is apparent that it was quite a vague application. There appears substance in the submissions made by the learned counsel for the appellant that when there was no amendment sought in the company petition so as to make out a case against appellant and there were no sufficient pleadings in the application for impleadment, the impugned order as has been passed is not maintainable, at least against the present appellant. The others who have been added and have not come forward to challenge the impugned order we will not interfere as regards those other respondents who have been added. The appeal is allowed, the impugned order is quashed and set aside as far as the impugned order is impleading the present appellant as respondent in the company petition.
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