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2022 (8) TMI 549 - AT - Insolvency and BankruptcyProviding Police protection to the Liquidator to take over the custody of the School and the Petrol Pump that was functioning so far, on the properties, leased out to Rajeswari Educational Society and the Indian Oil Corporation by the Corporate Debtor to run the School and the Petrol Pump - categorical stand of the Applicants is that the company belongs to them and the said value of the company, as on today, is not less than three times to that of the liability of the company - HELD THAT:- It must be borne in mind that there is no provision in the I & B Code, 2016, that enables the Creditors other than those who triggered the Insolvency Resolution Process, to be impleaded as Parties. In law, the Impleadment of Parties, is ultimately, within the ambit of exercise of discretion by a Tribunal / Authority, as the case may be. More importantly, no person, can be added, unless he is a necessary party. A necessary party means that a person is very much necessary to the Constitution of Suit / an Appeal in a given Proceeding before a Court of Law / Tribunal / Authority. In fact, whether a person has an enforceable legal right is to be looked into by a Tribunal in regard to the impleadment of parties. To array a person as a prospective / proposed Respondent(s) is not a Substantive Right, but undoubtedly, it is one of the procedure and the Tribunal is to exercise its judicial discretion, of course, in a subjective manner, diligently. It cannot be gainsaid that, an Individual will not be added as a Party, just because he will be affected by the Tribunal incidentally, when it passes an Order in a given proceedings, before it. An Appellant / Plaintiff in a given legal proceeding is the dominus litis. He cannot be coerced to include a person as Party against whom, he does not want to contest, unless it is a compulsion of Law. It must be borne in mind that a necessary party is one without whom no Order can be passed effectively, in a given case. A proper party is one in whose absence an effective Order can be made, but whose presence is necessary, for a complete and final decision on the questions, involved in a given Proceeding. Further, a mere interest of a Party in the fruits of a litigation, cannot be a yardstick / test for his being impleaded as a Party. Keeping in mind the entire conspectus of the attendant facts and circumstances of the present case in a holistic fashion, comes to an inevitable and inescapable conclusion that the Applicants are not necessary/ proper parties, to be arrayed as Respondents and even without their presence, this Tribunal can dispose of the main Company Appeal, of course, on merits, based on the available material on record. Application dismissed.
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