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2011 (4) TMI 1200 - HC - Companies LawRectification of the register of members under section 111A of the Act - family company - appellants are real brothers, nephews and nieces of Mr. Brij Mohan Khanna, respondent No. 2 and respondent No. 1 is a family company. - allegation of oppression and mismanagement - CLB dismissed the appellants’ petition on the ground that since the names of appellants no longer appear in the register of members, they were lacking in requisite eligibility under section 399 of the Act to maintain such a petition. Held that:- though the CLB has painstakingly noted the submissions of both the parties, yet it has not adjudicated upon the same. In fact, CLB has given no finding/conclusion on the contentions raised by the respondents while opposing the maintainability of the petition except observing that the appellants were at liberty to file a petition under section 111A of the Act and in the event they succeed in the said petition, they would be at liberty to file a petition under section 397/398 of the Act. The impugned order to my mind is a non-reasoned one to this extent. Regarding amendment to the application / suit - held that:- While considering whether an application for amendment should or should not be allowed, the court should not go into the correctness or falsity of the case in the amendment. Likewise, it should not record a finding on the merits of the amendment and the merits of the amendment sought to be incorporated by way of amendment are not to be adjudged at the stage of allowing the prayer for amendment. Matter restored before CLB.
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