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2016 (11) TMI 79 - HC - Companies LawRecall of order - withdraw the application seeking amendment of the company petition and to agitate the matter before the Company Law Board - Held that:- In view of death of some of the respondents in the Company Petition, applications have been filed to bring the legal representatives of the deceased respondents. Hence, there is some delay is disposing of the said applications. In the meantime, some of the share holders approached the Company Law Board alleging oppression and mismanagement. Since the issue is pending before the Company Law Board, the respondents have thought it fit to withdraw the application seeking amendment of the company petition and to agitate the matter before the Company Law Board. Accordingly, they filed a memo seeking permission of this Court to withdraw the Company Application reserving liberty to them to raise such issue before the Company Law Board. None of the parties objected for the same. Accordingly the order has been passed. Even without liberty also, the respondents can agitate the matter before the Company Law Board with necessary application with regard to oppression and mismanagement. If any such application is filed, the same has to be considered by the Company Law Board and to take steps in accordance with law. No blanket permission has been granted to agitate the issue before the Company Law Board. The application has to be considered on its own merits. If there is delay in filing the application, it is for the Company Law Board to deal with the same. Hence, there is no infirmity or irregularity in permitting the respondents to withdraw the amendment application to agitate the issue before the Company Law Board. The order dated 27-3-2013 will not affect the interest of the applicant herein. It is the discretionary of a person either to prosecute the matter or withdraw the same. Hence, the question of recalling the order dated 27-03-2013 permitting the respondents to withdraw the amendment application does not arise. No ground is made out to recall the order dated 27-03-2013. Accordingly, the C.A. is rejected.
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