Whether prior to implead Holding Company as additional Corporate Debtor in the application u/s 9 of IBC, a prior notice is required to be issued to Holding Company? – Inkel Ltd. Vs. Shaji Mathew and Anr. – NCLAT Chennai
As far as the aspect of impleadment is concerned from the perspective of the Appellant, that there was no prior notice given to him, it is an aspect which has already been dealt with, coupled with the fact since the issue of impleadment being exclusive prerogative of the court because it is the court which has to determine the necessity of the party to be introduced in the proceedings as to whether if at all it is the necessary party to decide the case effectively, we find no error in the Impugned Judgment under challenge allowing the Impleadment Application.