TaxTMI 
TaxTMI 
2017 (12) TMI 1037
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....umar, Ms. Henna George, Advocates For The Respondents :Mr. Ashok Kumar Jain, Mr. Pankaj Jain, Mr. Ankit Kohli, Advocates And Mr. Gaurav Kejriwal, Mr. Atanu Mukherjee, Advocates JUDGMENT Bansi Lal Bhat, J - This appeal has been preferred against order dated 3rd July, 2017 passed by National Company Law Tribunal, Kolkata in Company Petition No. 495 of 2012 whereby and whereunder NCLT, Kolkata (hereinafter referred to as the 'Tribunal') has allowed the application being C. A. No. 448 of 2012 filed by Respondent no.7 deleting its name from array of parties. 2. C. A. No. 448 of 2012 came to be filed by Respondent no.7 when Company Petition No. 495/2012 was pending adjudication before the Tribunal. Through the medium of aforesaid a....
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....eement from premium in which the Appellants and their group had 53.40 percent shareholding to a concern where the Appellants had no stake. 5. On consideration of the respective stands adopted by the contesting parties learned Tribunal noticed that the Appellants had made a self-contradictory statement qua the Conversion Agreement which was entered into by Respondent no.7 with M/s Eastern Manufacturing Co. Ltd. whereas the Company Petition was filed by the Appellants against Eastern Manufacturing Pvt. Ltd and others. According to the learned Tribunal, the appellants, apart from a bare denial, failed to clear the stand which was self-contradictory. The learned Tribunal was of the view that Respondent no.7, prima facie, had no link with Eas....
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.... that it had no link with Respondent no.1, therefore was liable to be struck out as being an unnecessary appendage. For determination of this question, it has to be borne in mind that in civil jurisprudence Plaintiff/Petitioner is the "Dominus Litus" and is entitled to array a person, juristic or otherwise, as a party defendant/ respondent, regard being had to the nature of the lis and the relief claimed therein. The court enjoys ample powers to add a proper or necessary party if inadvertently left out or strike out a defendant/ respondent whose arraignment is neither proper nor necessary for adjudication of the issues raised in the Lis. If a respondent comes forward with a plea that he or it has been improperly and unnecessarily arrayed in....
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....ember, 2006, the name and style of the Respondent no.1 is described as "The Eastern Manufacturing Company Limited". Similar position emerges from notice regarding Annual General Meeting fixed for 28th September, 2007. From the Memorandum of Association of "The Eastern Manufacturing Company Limited" forming part of the record, it comes to fore that the "Eastern Manufacturing Company Limited" is an existing entity since 1929 with "Indian Jute Shoe (1927) Limited" being its forerunner. Perusal of the conversion agreement also brings it to fore that Respondent no. 1 and 7 entered into a conversion agreement with regard to Eastern Jute Mill, wherein the company is clearly and adequately identified with reference to its location and address. Ther....