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TMI Blog2018 (11) TMI 1956X X X X Extracts X X X X X X X X Extracts X X X X ..... efs claimed were consequential. This factual position stares in the face of Appellants who cannot wriggle out of the same. Even the Memo of Appeal incorporates this factual position. The impleadment was sought on the ground that such appointment was violative of Section 161 of the Companies Act, 2013. The Tribunal took cognizance of the fact that Mr. Pranav Patwardhan had already resigned from the post of Additional Director on 16th January, 2018. The factum and validity of such resignation has not been questioned by the Appellants. Infraction of the Articles of Association of the Company or provisions of Companies Act in this regard cannot be attributed to Mr. Pranav Patwardhan who is neither a necessary party nor a proper party for being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actment of Companies Act, 2013, the matter landed in the National Company Law Tribunal, Allahabad Bench. The Appellants moved C.A. No. 203/2017 for impleadment of Mr. Pranav Patwardhan as party respondent alleging that he had been illegally appointed as Director in the Respondent Company which came to be dismissed in terms of the impugned order. Learned counsel for the Appellants submits that Mr. Pranav Patwardhan had been illegally appointed as Director in the Respondent Company fraudulently by forging statutory documents in collusion with the Directors and the Auditor. It is contended that in terms of its resolution dated 15th March, 2016, the Board of Directors appointed Mr. Pranav Patwardhan initially as Additional Director and document ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... han as party respondent on the score that such appointment was illegal and documents were fabricated to file statutory compliances while other reliefs claimed were consequential. This factual position stares in the face of Appellants who cannot wriggle out of the same. Even the Memo of Appeal incorporates this factual position. The impleadment was sought on the ground that such appointment was violative of Section 161 of the Companies Act, 2013. The Tribunal took cognizance of the fact that Mr. Pranav Patwardhan had already resigned from the post of Additional Director on 16th January, 2018. The factum and validity of such resignation has not been questioned by the Appellants. The Tribunal s finding that in view of this development coupled ..... X X X X Extracts X X X X X X X X Extracts X X X X
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