EMMBROS AUTOCOMP. LTD. Vs. EMMBROS AUTOMOTIVES PRIVATE LTD.

JUDGEMENT

(1.) The present application under Order 1 Rule 10 CPC read with Rules 6 and 9 of the Companies (Court) Rules, 1959 read with Section 151 CPC has been filed for impleading the applicant, Jiwan Mehta, as party respondent in Company Petition No. 4009/2013.

(2.) "Key facts" necessary for the adjudication of this application are that the non-applicant has filed a company petition under Sections 391 to 394 read Section 101 of the Companies Act, 1956 for demerger of M/s Emmbros Autocomp Limited and transfer of the same to M/s Emmbros Automotives Private Limited. Both the companies have approved the demerger. According to the applicant, he was one of the promoter directors of the non-applicant company. He was illegally removed from its directorship. He was shareholder of the company to the extent of 16.16%. He had filed a company petition No. 2004 before the Company Law Board, New Delhi under Sections 397, 398 and 402 of the Companies Act, 1956. The petition was dismissed by the Company Law Board on 20.11.2007. Thereafter, he filed company appeal No. 4 of 2007 against the decision of the Company Law Board dated 20.11.2007 before this Court. The Court dismissed the same on 16.1.2010. He also sought review of the judgment dated 16.1.2010 by way of filing Civil Review No.133 of 2010, which was dismissed on 13.9.2013 with liberty to pursue legal remedies, as advised. Thereafter, the applicant approached the Hon'ble Supreme Court by filing Special Leave Petition.

(3.) Ms. Payal Mehta, learned Advocate, has vehemently argued that the applicant is a proper and necessary party for adjudication of Company Petition No.4009/2013.