TMI Blog2015 (7) TMI 703X X X X Extracts X X X X X X X X Extracts X X X X ..... y In whose absence an effective order cannot be made and whose presence is necessary for a complete and final decision on the question involved in the proceeding. Rule 10 (2) of Order 1 of the CPC also indicates as to who is to be termed as a “necessary” or “proper party”. These provisions, inter alia, empower the Court to add the name of any person, namely (1) who ought to have been joined” and (2) “ whose presence before the court may be necessary in order to enable the court to effectually and completely adjudicate upon and settle all the issues involved in the matter. In light of the above stated proposition of law, I have examined the material available on record and the report of the ROC, Pune filed by it pursuant to the order pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osition of its directors appearing as on 14/03/2014 and also to pass further appropriate directions, on the grounds set out in the Application. 2. The facts leading to filing the present application are that the Petitioner with support of certain other shareholders has filed the present Company Petition, being C.P. No.114 of 2014, against the Respondents by invoking the provisions contained in Section 397-398 read with Sections 402 to 408 seeking various reliefs as set out in the petition. The Petitioner has made various complaints relating to acts of oppression and mismanagement purportedly committed by the Respondents in the conduct of affairs of the Respondent No.1 Company (hereinafter Company in short). The Applicants herein have f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 and, hence, this application. 3. In support of their pleadings, the Applicants have filed various documents alongwith his application. On perusal of these documents filed alongwith the application, it appears that ROC, Pune, after receipt of the complaint from the Applicants made an enquiry and on the basis of the material available before it found substance in the complaint. The ROC, Pune, therefore, marked the Company under the category of management dispute . In the backdrop of the aforestated facts, the Respondents havt approached the CLB for their impleadment as the Re of the parties in the instant Petitic- 4. Before I deal with the application, I would like to cite the provision contained in Section 405 of the Act, which is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the Plaintiff in the suit, being dominus litis, may choose a person against whom he wishes to litigate and cannot be compelled to sue a person against whom he does not seek any relief. Consequently, a person who is not a party has no right to be impleaded against the wishes of the Plaintiff. But this general rule is subject to the exception as stipulated in Order 1 Rule 10 (2) of Civil Procedure Code, which provides for impleadment of proper and necessary parties. It Is well settled proposition of law that a necessary party is one, without whom no order can be made effectually, a proper party In whose absence an effective order cannot be made and whose presence is necessary for a complete and final decision on the question involved in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question to be settled, therefore, must be a question in the action which cannot be effectually and completely settled unless he is a party. 7. In light of the above stated proposition of law, I have examined the material available on record and the report of the ROC, Pune filed by it pursuant to the order passed by the CLB dated 18/12/2014. Taking into consideration that the EOGM whereat the Applicants are allegedly removed as Directors of the Company Is in dispute, I am of the opinion, that the Applicants are the necessary parties and their presence is required for effective and complete adjudication of the Company Petition. I, therefore, allow the application for impleadment. 8. The Petitioner is, therefore, directed to implead t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
