TMI Blog2020 (10) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... g interim relief is pending consideration before this Bench, admittedly with parallel/similar prayers against the same Respondents. On overall view of the entire scenario amongst the parties, litigations pending, issues involved, and also long pendency of present main petition, wherein Hon'ble Supreme Court and Hon'ble NCLAT have categorically directed NCLT to ensure an early disposal of the present main petition No. 114/2007, in our view a practical approach to minimize the entire process of litigation needs to be adopted. If the amendments are to be allowed at this stage, these will no doubt change the entire original petition - Application allwoed. - CA No. 47/C-III/ND/2016 in Company Petition No. 114/2007 - - - Dated:- 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion in due course, such as, as and when notice is issued on the Company Petition. 4). Pass ex-parte orders as prayed for above. 5). And Pass such other order or further order or orders as this Hon'ble Tribunal may deem fit and proper under the circumstances of the case. 2. During the hearing of CA-47/C-III/ND/2016, the Applicant submitted a summary of amendments proposed to be made to the Company Petition No. 114 of 2007, which gives an overview of the types of amendments/enlargements being sought by the Applicant in the Company Petition No. 114/2007. The Applicant has elaborately analyzed the types of amendments/enlargements being sought in the Company Petition No. 114/2007 filed in 2007. It has been shown that there are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Hon'ble Supreme Court rulings and also rulings of foreign courts. These propositions discuss various aspects of law also, including the points deciding that:- (i) At what stage amendment can be allowed? (ii) Whether correctness of amendment has to be determined at the stage of allowing? (iii) Whether limitation should be considered while allowing the amendment of preliminary issue? (iv) Whether court has to consider only the aspect of necessity of amendment to put an end to entire controversy between parties, even though amendment may change/add to the ingredients in pleadings. (v) Whether, if respondents are not prejudiced or can be compensated with cost, then without any further consideration, amendments can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compensated adequately in terms of money; (iv) Refusing amendment would in fact lead to injustice or lead to multiple litigation; (v) whether the proposed amendment constitutionally or fundamentally change the nature and character of the case; and (vi) As a general rule, the court should decline amendment, if a fresh suit on the amended claim would be barred by limitation on the date of application. 7. While submitting arguments, it was mentioned by the Applicant that from the date the petition C.P. No. 114/2007 was filed in 2007 and till date, various cross litigations have been filed by both sides before Criminal Courts, NCLT, Hon'ble NCLAT, Hon'ble High Courts and even before the Hon'ble Apex Court, and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stage, these will no doubt change the entire original petition being CP 114/2007, as numerous amendments will have to be carried out and the procedure as well as litigation period will further get protracted, which will defeat the main purpose of honouring the directions passed time and again, by Hon'ble Supreme Court and Hon'ble NCLAT to expedite the hearing and disposal of CP No. 114/2007. 11. The Applicant has prayed in the first prayer, seeking liberty to withdraw the petition and to file it afresh. In order to minimize the procedure, pleadings and time spent on the amendment application which, if allowed, will take substantial time, derailing the hearing of the main petition No. 114/2007, we are of the view that granting th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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