TaxTMI 
TaxTMI 
2025 (4) TMI 700
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....Chawla, Mr Aditya, Advocates JUDGEMENT JUSTICE YOGESH KHANNA, MEMBER ( JUDICIAL ) This appeal is filed against an impugned order dated 08.01.2025. The learned senior counsel for the appellant submits the impleadment application was filed before the Ld. NCLT on 28th August, 2024 i.e. much before the argument in the main Company Petition got concluded. The impleadment application got listed on 11.09.2024 and the Respondent was directed to file reply. Oral arguments were continuing in the main Company Petition. It is argued upon conclusion of final arguments in main petition, it was reserved for Judgement alongwith order on impleadment application but without hearing the appellant on such application vide the impugned order. 2. It is argue....
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....he Respondent No.1 company and that without hearing on his applicatioin, it cannot be reserved for orders alongwith main petition. In support of his argument, the learned senior counsel for the appellant has relied upon Kamlesh Gupta Vs Mangat Rai and Another (2020) 17 Supreme Court Cases 132; Pradeep P Agarwal Vs Indiabulls Asset Reconstruction Company Ltd, Company Appeal (AT)(Insolvency) No.607 of 2024 and M/s Mumbai International Airport Pvt Ltd Vs Regency Convention Centre and Hotels Pvt Ltd & Others (2010) 7 Supreme Court Cases 417 to say if an impleadment application is filed and the court finds impleader is a necessary party then it must pass an order to implead such person and thereafter would afford an opportunity to such person to....
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.... no claim qua such shares is either filed or is pending in any court against Respondent No.1. Admittedly affairs of Respondent No.1 company are not in issue before us. 11. Admittedly CP (TP) No.137 of 2019 was earlier finally heard in the year 2020-2021 but before the matter could be reserved for orders the Bench was reconstituted. Now since April, 2024 re-hearing of CP TP No.137/2019 was going on. Admittedly there was no impleadment application filed between 2019 till 2024 and hearing of Respondent No.1 viz. the petitioner in CP TP No.137/2019 stood concluded in August, 2024 and thereafter hearing of Respondent No.2 had started. It was only in the midst of hearing of Respondent No.2 i.e. on 11.09.2024 an IA No.17(MP)/2024 was filed by app....