2021 (7) TMI 878

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Kumar Sinha , Member ( T ) For the Appellant : L. Ravichander for V. Basava Raju For the Respondents : Y. Suryanarayana ORDER 1. This Application is filed by Petitioner No. 3 Mr. Clifforrd Pereira with the prayer that he may be transposed as the Respondent in Company Petition. 2. He stated that in Company Petition he has been arrayed as Petitioner No. 3 wrongly and without his cons....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Learned Senior Counsel Mr. L. Ravichander for the Applicant and Learned Counsel Mr. Y. Suryanarayana for the Respondent/Original Petitioners at length. We have gone through material on record vis-à-vis number of ruling/orders relied upon by both the Learned Counsels to buttress their respective submissions. 6. Section 424 of the Companies Act, 2013 makes it clear that this Tribunal wh....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... Union of India (2010) 10 SCC 408 and noted that "the general rule with regard to impleading of the parties is that the Petitioner being dominus litis may choose the person against whom he wish to litigate and cannot be compelled to sue a person against whom he does not seek any relief. Therefore, the person, who is not a party, has no right to get impleaded as against any of the Petitioners. How....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....edings. 10. We sincerely feel that this Application is not filed with any bona-fide purpose. It is filed almost 2 years from the date on which the Petitioner No. 3 decided to withdraw himself as one of the Petitioners. In this case, the remaining Petitioners completed their arguments in main petition and when we called upon Respondent No. 2 to make his submissions, this application came to be f....