1998 (11) TMI 492 - HC - Companies Law

Summary

Issues:
1. Application for permission to withdraw the petition with liberty to reinstitute it.

Analysis:
1. The application for permission to withdraw the petition with liberty to reinstitute it has raised a legal controversy regarding the incorporation of withdrawn grounds in subsequent proceedings. The petitioner sought permission citing the need to include additional material and developments since the petition's filing in 1989. The respondents vehemently opposed, arguing that allowing reinstitution would lead to endless harassment and delay in finalizing the litigation. The Court acknowledged the potential misuse of litigation for harassment and emphasized the importance of a judicious approach in granting such liberties.

2. The legalities of the application were discussed, focusing on the consideration of subsequent events and developments in the proceedings without reinstitution. The respondents argued against reinstitution, highlighting provisions under Order 23, rule 1 of the Civil Procedure Code for corrective actions within existing proceedings. The Court referred to relevant case laws emphasizing the Court's power to consider subsequent events and the limitations on amending the original cause of action.

3. The Court deliberated on the necessity of a new petition due to substantial developments over the years, which would overload and overhaul the existing petition if amended. Despite flawless submissions from the respondents, the Court recognized the need for a new petition to incorporate crucial material for a complete cause of action. The Court acknowledged the inevitability of restarting the litigation to ensure a comprehensive and legally sustainable petition.

4. To address concerns over delay and harassment, the Court imposed a deadline for the petitioner to represent their case by a specified date. The Court directed that if the petition is refiled with the Company Law Board (CLB), it must be disposed of expeditiously, preferably within six months. The application for withdrawal with liberty to reinstitute was allowed with these directions, emphasizing the need for timely resolution and protection of both parties' interests.