National Company Law Appellate Tribunal
Earthin Projects Ltd vs Indu Projects Limited & Ors on 6 November, 2023
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
AT CHENNAI
I.A. No. 1124 of 2023
in
Company Appeal (AT) (CH)(Ins.) No. 201/2023
(IA No.660, 661, 779 & 1165/2023)
In the matter of:
Earthin Projects Ltd ... Appellant
Versus
Indu Projects Ltd. & 3 Ors. ...Respondents
Present:
For Appellant : Mr. Dhruba Mukherjee, Sr. Advocate with Ms. Ekta
Bharati & Mr. Kumar Anurag Singh, Advocate.
For Respondents : Mr. M.S. Prasad, Sr. Advocate for Mr. VVSN Raju
Srikant Rathi for R-1 & R-2
Mr. M.S. Krishanan, Sr. Advocate, Mr. Srinath
Sridevan for Mr. M. V Swaroop, for R-3.
Mr. Pranava Charan, Advocate
Dr. U.K. Choudhary, Sr. Advocate for proposed
Respondent.
ORDER
(Virtual Mode) 06.11.2023: I.A. No. 1165/2023 There is an Application bearing No. 1165/2023 filed by the Applicant to be impleaded as Respondent No. 5. Notice in the Application. At this stage, Ms. Ekta Bharati, Advocate appearing for the Appellant, accepts Notice. Mr. Dhruba Mukherjee, Sr. Advocate appearing on behalf of the Appellant has submitted that he has no objection if the application is allowed and the Applicant is impleaded as Respondent No. 5. However, Counsel Mr. Srinath Sridevan, Sr. Advocate has submitted that though he is appearing on behalf I.A. No. 1124 of 20233 in Company Appeal (AT)(CH)(Insolvency) No. 201/2023 Page 1 of 2 of the Respondent No. 3, but impleadment of the Applicant as the proposed Respondent is not required. Similar objection has been raised by Respondent Nos. 1 & 2. We have heard the parties and after examining the application, we are of the considered opinion that the Appellant is dominus litis who has no objection for the impleadment of Applicant as the proposed Respondent, therefore, the application is hereby allowed. Applicant is impleaded as Respondent No. 5.
[Justice Rakesh Kumar Jain] Member (Judicial) [Shreesha Merla] Member (Technical) AKC/RR/Kashika I.A. No. 1124 of 20233 in Company Appeal (AT)(CH)(Insolvency) No. 201/2023 Page 2 of 2