TaxTMI 
TaxTMI 
2015 (7) TMI 703
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....espondents in the array of the Parties of the instant Company Petition. The Applicants have also sought an order thereby directing the Company to maintain status quo ante in respect of composition 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 ....
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....s is necessary for completive and effective adjudication of the matter in this collusive petition filed by the Petitioner and his associates with the connivance of the Respondent Nos.2 and 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 th....
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.... the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. 6. The general rule in regard to the impleadment of parties is that 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 c....
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....tled by a catena of judicial precedents that the only reason which makes it necessary to make a person a party to an action so that he should be bound by the result of the action and the 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 i....