Necessary Party Test: impleadment refused as resolution professional can represent corporate debtor and appeal proceeds without applicant.
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....Impleadment under Order 1 Rule 10 CPC was considered: applicant failed to show that the lis cannot be effectively decided in his absence, and submitted grounds lacked supporting documents or a distinct legally protectable interest directly affected by the narrow issue (alleged non-consideration of Section 65 in admission). The Resolution Professional had appeared, filed a response and is competent to represent the corporate debtor and obtain information from the suspended director under the insolvency code; consequently impleadment was rejected and the appeal will proceed without the applicant.....




TaxTMI
TaxTMI