2003 (5) TMI 523 - Board - Companies Law

Summary

Issues:
Application seeking directions to implead parties in Company Law Board proceedings alleging oppression and mismanagement.

Analysis:
The application filed under Rule 44 of the Company Law Board Regulations 1991 sought directions to implead two parties, M/s Kakatiya Public School (KPS) and M/s Fortune Shares & Investments (FS&I), in the proceedings against the Company. Allegations of oppression and mismanagement included unauthorized property use and misappropriation. The applicants claimed that KPS and FS&I were necessary parties for effective adjudication, citing legal precedents supporting impleadment of additional parties for complete adjudication.

The Respondents, represented by counsel, denied the allegations and opposed impleading KPS and FS&I. They argued that the reliefs sought could be granted without the proposed parties' presence, as the alleged acts could be established independently. Respondents emphasized that KPS and FS&I were not shareholders and not necessary or proper parties to the proceedings. They contended that the allegations were baseless and that the applicants' claims were already part of the Company Petition, with no reliefs sought against the proposed parties.

The Member of the Company Law Board considered arguments from both sides and deliberated on whether the proposed parties were necessary for the Company Petition. Despite the applicants' insistence on impleading KPS and FS&I, the Member concluded that the reliefs could be granted without their presence if the alleged acts of oppression and mismanagement were proven. Since the claims could be adjudicated effectively without impleading the proposed parties, the application seeking their inclusion was dismissed. The decision was based on the view that necessary parties are those essential for effective orders, and in this case, the relief could be granted without impleading KPS and FS&I, leading to the dismissal of the application.