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TMI Blog2021 (7) TMI 878X X X X Extracts X X X X X X X X Extracts X X X X ..... seen from the record that Petitioner No. 3 has consented to join as the petitioner. He had signed vakalatnama of Mr. S. Subha Reddy. Later on, he withdrew the same. It is alright if he does not wish to continue as the Petitioner but he cannot be added as Respondent that too against the wishes of remaining Petitioners and when they did not make any allegations against him, they did not claim any relief against him. Application rejected with cost of ₹ 1,00,000/- to be paid to the remaining Petitioners. - CA No. 22 of 2021 in CP No. 310/241/HDB/2019 - - - Dated:- 11-6-2021 - M. B. Gosavi , Member ( J ) And Dr. Binod Kumar Sinha , Member ( T ) For the Appellant : L. Ravichander for V. Basava Raju For the Respondents : Y. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y proceedings before it, shall not be bound by provisions of Code of Civil Procedure 1908 but shall be guided by the principles of natural justice. Obviously, it is not required by us to treat this Application under Order-I, Rule-10 of Code of Civil Procedure, 1908. We also note that there is no rule provided in NCLT Rules, 2016 to deal with such application. Hence, any ruling on this aspect cannot be made applicable to the facts at hand. 7. We have taken note of the order of co-ordinate Bench i.e. NCLT, Chennai Bench in the case of Indra Muthvel 08 Ors. versus S. Balasubramanian and 21 others (Company Appeal No. 09/2017), wherein similar controversy was considered. That Bench took into consideration the ruling of Hon'ble Apex Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leted their arguments in main petition and when we called upon Respondent No. 2 to make his submissions, this application came to be filed by Petitioner No. 3. It appears to us that. Petitioner No. 3 has filed this Application only to delay the hearing of the main petition. 11. It is seen from the record that Petitioner No. 3 has consented to join as the petitioner. He had signed vakalatnama of Mr. S. Subha Reddy. Later on, he withdrew the same. It is alright if he does not wish to continue as the Petitioner but he cannot be added as Respondent that too against the wishes of remaining Petitioners and when they did not make any allegations against him, they did not claim any relief against him. 12. Considering above facts and since the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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