2017 (8) TMI 1331 - Tri - Insolvency and Bankruptcy

Petition with a prayer to implead one Mr. Jitendra Lavjibhai Patel as a party to the Company Petition apart from other prayer - Held that - On perusal of the record it reflected from Form 32 that Jitendra Lavbhai Patel was appointed as a Director of the Uniworth Resorts Limited sometime on 05.02.2010 whereas the C.P. is filed sometime in the year 2006. But the petitioner from 2010 till 2017 has made no endeavor to make him party to the main C.P. That apart had the petitioner made any endeavor to dispose of the C.P the C.P. could have been disposed of much earlier than 2010 then this type of situation would have never been arisen. Further petitioner also failed to show any valid reason for filing application in such a belated stage when ail the information are available in M, C.A Portal. Thus no reason to entertain such petition filed in such a belated stage. Hence the same is dismissed.

Summary

The Tribunal dismissed the application to implead Mr. Jitendra Lavjibhai Patel as a party to the Company Petition due to the delay in filing and lack of valid reasons for the belated stage. The petitioner failed to take action from 2010 to 2017 despite information being available in the MCA Portal.