K.M. Thaker, J.

1. The applicant Bank has preferred summons dated 22.4.2013 seeking below mentioned relief:-

"(A) That the Hon'ble Court be pleased to call for the records and proceedings and direct and order that the applicant State Bank of India Overseas Branch, Ahmedabad being a secured creditor be joined as a party respondent in Company petition No. 136 of 2011 as stated in the affidavit in support of this summons and be heard before any further order is passed in the Company petition."

1.1 The applicant Bank has filed affidavit in support of the above quoted relief made in the summons dated 22.4.2013. In the said affidavit in support of the summons, the applicant has averred, inter alia, that:-

"3. It is submitted that the account of respondent number 2 Company with the applicant Bank is overdue since 3/12/2011 and as on that day the dues of the applicant Bank have become payable as per the law and necessary guidelines issued by Authorities and has been classified as a non-performing asset. Accordingly the applicant Bank as a secured creditor and a first charge holder on all assets of the respondent No. 2 Company is entitled to first priority in repayment of its dues and a