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2021 (12) TMI 194 - NATIONAL COMPANY LAW TRIBUNAL , KOLKATA BENCHPrayer for substitution of Respondent No. 4, Late Provat Kumar Mitra with his legal heirs, Mr. Shantanu Mitra and Ms. Sharmistha Musgrave as Respondents No. 4A and 4B - death of Respondent No. 4 and impleadment of the legal heirs of the Respondent No. 4 - Rule 53 of the National Company Law Tribunal Rules, 2016 - HELD THAT:- The most relevant fact that is to be considered is that this has been a family company, and that each branch of the family was always represented in the company. The legal principles embodied in Order XXII CPC and its Rules have to be applied keeping this fact in view. When the time comes for pronouncement of final orders in the matter, it is better that each branch of the family is represented, so as to obviate any scope for arguments that the orders were passed without some party being given an opportunity to take part in these proceedings. These observations are provisional in so far as the status of the company as a "family company" are concerned. At this present point of time, no prejudice shall be caused to anyone if the impleadment application is allowed - Application is thus allowed.
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