2018 (11) TMI 1956

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..... Member (Judicial) For the Appellants : Mr. Zeyaul Haque, Advocate. For the Respondent : None. JUDGMENT BANSI LAL BHAT, J. Appellant's application filed under Section 424 of the Companies Act, 2013 for granting certain reliefs incorporated therein with the primary relief of impleading one 'Mr. Pranav Patwardhan', Director of Respondent No. 1 as party respondent in Company Petition no.14/ND/ .....

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..... olding. With the enactment of Companies Act, 2013, the matter landed in the National Company Law Tribunal, Allahabad Bench. The Appellants moved C.A. No. 203/2017 for impleadment of Mr. Pranav Patwardhan as party respondent alleging that he had been illegally appointed as Director in the Respondent Company which came to be dismissed in terms of the impugned order. Learned counsel for the Appellant .....

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..... by the Tribunal exercising inherent powers vested in it. The impugned order dismissing the Appellants application seeking impleadment of Mr. Pranav Patwardhan as party respondent on the ground of his resignation from the post of Additional Director on 16th January, 2018 coupled with the fact that no harm has been caused to the Appellants or the Company is assailed as being unsustainable and liabl .....

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..... while other reliefs claimed were consequential. This factual position stares in the face of Appellants who cannot wriggle out of the same. Even the Memo of Appeal incorporates this factual position. The impleadment was sought on the ground that such appointment was violative of Section 161 of the Companies Act, 2013. The Tribunal took cognizance of the fact that Mr. Pranav Patwardhan had already .....

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..... Association of the Company or provisions of Companies Act in this regard cannot be attributed to Mr. Pranav Patwardhan who is neither a necessary party nor a proper party for being impleaded as party respondent, more so as he has admittedly tendered resignation on 16th January, 2018 and ceased to be a member of the Board of Directors. 4. There being no legal infirmity in the impugned order, the a .....

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