Home Case Index All Cases Companies Law Companies Law + Tri Companies Law - 2021 (3) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (3) TMI 817 - Tri - Companies LawSeeking to implead applicant as Additional Respondent No.23 in the Company Petition No. 21/KOB/2020 and all related Interlocutory Applications on the files of this Tribunal - HELD THAT:- Section 424 of the Companies Act, 2013 stated that the Tribunal is guided by the principles of natural justice, which underlines the need to hear all parties interested and concerned in the issue before the Tribunal and may be effected by any order passed by the Tribunal. Hence the persons who are interested in the proceedings have necessarily to be impleaded to the proceedings. The prerogative to hear or not to hear a party depends on the court concluding as to whether he is proper person to be heard and that if the court is of the opinion that one should be heard for a proper adjudication in the issue before it, definitely he should be heard for which he should be made a party to such proceedings. The impleadment of the applicant herein as one of the respondents will not be likely to be effected in any manner the interests of the petitioners in the Company Petition, and that the contention of the petitioners in the CP/respondents 1 to 8 herein that the applicant herein is not a “necessary party” cannot be accepted. Application is allowed - the applicant herein Mr.C.Mohanan Pillai residing at Krishna Priya, Podiyattuvila PO, Valakom, Kollam-691532 is impleaded as Additional Respondent No.23 in the Company Petition - However, the prayer to implead him in all related Interlocutory Applications is rejected, for the reason that such a prayer cannot be accepted by this Tribunal, because a person seeking impleadment may be impleaded in a Petition in which he is sought to be impleaded and not any other petition.
|