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Issues: Whether the applicant was entitled to be impleaded as a petitioner under Order I Rule 10(2) of the Code of Civil Procedure in the company petition on the ground that he was a member and director of the company.
Analysis: Impleadment under Order I Rule 10(2) is warranted only where the presence of the proposed party is necessary for effective and complete adjudication of the dispute. In an oppression and mismanagement petition under Sections 241 and 242 of the Companies Act, 2013, mere status as a member or director does not by itself confer a right to be added as a party. The application disclosed no specific act of oppression or mismanagement against the applicant and no material showing that non-joinder would prejudice the adjudication of the petition. The Tribunal therefore found no justification for addition of the applicant as petitioner No. 7.
Conclusion: The applicant was not a necessary party, and impleadment was declined. The application was rejected.
Final Conclusion: The Tribunal held that membership or directorship alone is insufficient to justify impleadment in an oppression and mismanagement proceeding absent a demonstrated necessity for complete adjudication.
Ratio Decidendi: Impleadment under Order I Rule 10(2) requires a showing that the proposed party's presence is necessary for effective and complete adjudication; mere membership or directorship, without demonstrated prejudice or specific pleaded grievance, is insufficient.
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