1985 (12) TMI 318

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....R. Majithia and Arun Sanghi for the Respondent. JUDGMENT S.P. Goyal, J.-Company Petition No. 98 of 1981 was filed against M/s. Stepan Chemicals Ltd., respondent No. 1, for its winding up. During its pendency, the petitioners, M/s. Tata Chemicals Ltd., moved this application for being impleaded in that petition as creditors of the respondent-company and to allow them to proceed with the petit....

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....missed. The words "allow it to be dismissed" clearly envisage that another creditor can be allowed to be substituted and pursue the petition even after it has been got dismissed by the main petitioner. The matter can be looked at from another angle also. In the present case, the company judge has allowed the petition. At the appellate stage, the present petitioner was not made a party and the p....