NCLAT addressed a procedural challenge in a Company Petition ...

Unilateral Pleading Amendments Prohibited Without Formal Court Permission Under Sections 241-242

May 28, 2025

Case Laws Companies Law AT

NCLAT addressed a procedural challenge in a Company Petition under Sections 241-242 of Companies Act, 2013, concerning amendment of pleadings. The Tribunal held that no party can unilaterally amend petition prayers without formal application and court's permission. Rule 155 of NCLT Rules, 2016 empowers amendment for determining real issues, but principles of natural justice must be followed. Statutory provisions mandate that pleadings are court records and cannot be modified without judicial leave. The court rejected the unauthorized amendment attempt, emphasizing procedural integrity and fairness. Consequently, the impugned order was set aside, with appeals allowed, reinforcing the requirement of formal procedural compliance in company law proceedings.

View Source

← Previous Next →

NCLAT addressed a procedural challenge in a Company Petition ...

Unilateral Pleading Amendments Prohibited Without Formal Court Permission Under Sections 241-242

May 28, 2025

Case Laws Companies Law AT

You may also like:

Oppression and mismanagement - It is settled law when a matter is before NCLT or before this Appellate Tribunal, arising under Sections 241 and 242 of the new Act, read...

Oppression and mismanagement - the Tribunal has the power to make Interim Orders which it thinks fit for regulation of the conduct of the affairs of the Company -...

Oppression and mismanagement - issuance of 30,000 equity shares by private placements - From the facts of this case, it is clear that Respondent nos. 2 and 3 had...

Oppression and mismanagement - Jurisdiction of NCLT to decide the issue - Principle of natural justice - the remedy provided under the Companies Act, 241 and 242 is a...

Oppression and Mismanagement - This ‘Tribunal’ keeping in mind of the ingredients of Section 241 and 242 of the Companies Act, 2013 comes to a resultant conclusion that...

This is a case dealing with the interpretation and application of Sections 241, 242, and 244 of the Companies Act, 2013, concerning oppression and mismanagement in...

NCLAT upheld NCLT's rejection of recall application, finding appellant lacks locus standi under Sections 241 and 242 of Companies Act. The tribunal determined that...

Sale of property of the company to the third parties - oppression and mismanagement - it is quite clear that the even though the sales made in the years 2013 and 2014...

Oppression and mismanagement - election dispute of a company involving voting through electronic means - Sections 241 and 242 on the one hand and along with Sections 424...

Section 7 application rejected as barred by Section 10A of IBC. Supreme Court held no bar in amending pleadings or filing additional documents u/s 7, but present case...

The NCLAT held that disputes related to shareholder oppression or mismanagement under the Companies Act are distinct from the Insolvency and Bankruptcy Code (IBC) and...

Oppression and mismanagement - issuance of fresh share capital - the shareholding of the Petitioner was reduced rom 84% to 42%. - It is clear that the R1 Company was...

Oppression and Mismanagement - inherent powers of NCLT to cause audit of accounts - allegations of siphoning funds, breach of agreements, and failure to maintain proper...

NCLAT dismissed the appeal challenging interim orders regarding trustee replacement and management powers. The Tribunal acknowledged severe family hostilities and...

The NCLAT upheld the NCLT's decision to refuse waiver u/ss 244(1)(a) and (b) of the Companies Act 2013 to the Appellants, who held only 5.83% shareholding, to file an...

Quick Updates: