Impleadment: applicant failed to establish indispensability, so joinder refused and appeal can be adjudicated without them.

Impleadment by a suspended director was rejected after applying the civil procedure joinder standard: the applicant failed to show the lis could not be effectively decided in their absence, offered no substantiating material of necessity, and appeared motivated by affecting separate commercial proceedings. The appeal's subject-admission of an insolvency petition and alleged fraud-was adequately represented by the resolution professional whose statutory powers and access to former management were held sufficient to protect the corporate debtor's interests; hence the applicant is not a necessary party and need not be impleaded.

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Issues: Whether the impleadment application filed by the suspended director seeking to be made a party to the appeal should be allowed.

Analysis: The application for impleadment was examined against the standard for joinder under the civil procedure rule governing impleadment, namely whether the lis cannot be effectively decided in the applicant's absence. The application did not establish that the appeal could not be effectively adjudicated without the applicant; the grounds asserted were not substantiated by supporting material demonstrating necessity. The subject matter of the appeal is confined to the admission of a petition under the insolvency statute and the alleged non-consideration of allegations falling within fraud provisions. The resolution professional had entered appearance and filed responses, and the professional's statutory powers and capacity to obtain information from former management were noted as adequate to protect the corporate debtor's interests. The application appeared aimed at affecting the decree in separate commercial proceedings rather than demonstrating a direct, indispensable interest in the instant lis. On these bases, the impleadment application failed to satisfy the impleadment test.

Conclusion: The impleadment application is rejected; the applicant is not a necessary party and need not be impleaded in the appeal.

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