Civil Misc.Appeal
G.Padmanabhan
(Querist) 14 November 2009
This query is : Resolved
In a matter before the CLB under S.397 & 398 of Companies Act, wherein there are one petitioner and five respondents, the CLB passes an order, on an application being made by a proposed respondent, impleading the petitioner as the sixth respondent. Against this order of impleadment, the petitioner takes an appeal to the High court under S.10/f of the companies act. In the appeal, one of the respondents files a M.P., seeking a direction against one other respondent on an issue which is connected with the main petition before the CLB, but no way connected with the matter in appeal. Is the M.P. maintenable ? if so, on what grounds? and if Not, on what grounds? Would our experts enlighten me please?
adv. rajeev ( rajoo )
(Expert) 14 November 2009
appeal is filed against the order passed by CLB to impleade the party as respondent. So in appeal impleading the party is the only matter to decide whether the order is passed by CLB is correct or not, except this no other matter will be entertained.
adv. rajeev ( rajoo )
(Expert) 14 November 2009
When application filed by the one of the respondents is connected with the main petition, so how come it is maintainable?
