(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have heard Mr.B.B.Naik, learned Senior counsel assisted by Mr.Dipen Desai appearing for the applicant, Mr.Maulik Nanavati, learned counsel appearing for respondent no.1 and Mr.Shalin Mehta, learned counsel appearing for respondent no.2.
2. This civil application in OJ Appeal No.65 of 2011 has been filed for joining as party on the ground that the applicant is a secured creditor. The appellant has no objection to impleadment. However, learned counsel for the respondent Mr.Shalin Mehta has vehemently opposed the impleadment of the applicant as party and according to him, after the advertisement is issued, he can apply to be impleaded as party being a secured creditor.
3. Since the applicant has also filed impleadment application in the company application, this application for joining party in OJ Appeal is allowed. The appellant shall implead the applicant as party within two days. List the Appeal on 11.4.2012. If the respondents want to file any affidavit-in-reply, they may do so by 9.4.2012. The affidavits shall be filed in the Registry.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji Top