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2021 (2) TMI 165 - Tri - Companies LawOppression and Mismanagement - Seeking declaration that the applicant is not a necessary party and to remove him from the array of parties - contention of the applicant is that the Applicant being the statutory auditor of the 1st Respondent Company has not in any manner failed to discharge his statutory as well as fiduciary duties - HELD THAT:- Impleadment of parties' is only a matter of fact and not a matter of law. Addition of parties/ striking out parties, of course, is a matter of discretion to be exercised by a Tribunal/ Court based on sound judicial principles. The said discretion can be exercised either on the application of a Petitioner/ Respondent or suo-motu or on the application of a person who is not a party to any pending proceedings. However, the said discretion cannot be exercised in a cavalier and whimsical fashion. On 28.09.2020, an order has been passed in I.A/ 107/ KOB/2020 directing that Mr. Paul Sebastian (M.No.037057), Paul & Joseph Chartered Accounts, New Kalavath Road, Palarivattom, Cochin-682025 be impleaded as Respondent No.5 in the above Company Petition. Whether a party is a proper/ necessary party for an effective and efficacious adjudication of the controversy involved in a given case, although it is for the concerned Tribunal/ Court/ Authority to subjectively consider the same based on facts and circumstances of a case, which will be evident from C.P/12/KOB/2020 only. In this regard, with an utmost care and caution a finding has to be rendered by passing necessary orders in an objective and dispassionate manner for not removing R5 from party array and to take part in the main arena of proceedings. Undoubtedly, a just, fair and final order in main Company Petition can only be passed after hearing the Objections/ Reply of the said party along with the other Respondents - Once a party has been impleaded in a petition/application, after considering his contentions and hearing him, that party cannot subsequently come forward and say that the order is not correct and he may be removed from the party array. Judicial propriety has to be given the utmost importance in such matters. Hence, this Tribunal do not find any reason to pass an order to remove the applicant/ 5th respondent applicant from the party array. Application dismissed.
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