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TMI Blog2016 (11) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... ince 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other certain directions. Since there was no interim order of stay for conducting the Annual General Body Meetings, in the 41st Annual General Body Meeting of the Company, some new resolutions were passed contrary to the interest of the petitioner-Company. The said proceeding was challenged before the II Additional Civil Judge, Mangalore in O.S.No.125/1990. When the matter stood thus, the respondents herein filed Company Application No.919/2008 seeking for amendment of the Company Petition and add paragraphs No.44-A to 44-AT and also intended to seek the additional reliefs as 15(A) to 15(F) and also for such other reliefs. Some of the respondents in the Company Petition died. The applications have been filed to bring the legal representati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Order 23 of Code of Civil Procedure, at any time after the institution of a suit, the plain tiff may withdraw the suit or abandon a part of the claim, where the Court is satisfied that a suit must fail by rea son of any formal defect or that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject-matter of the suit or part of a claim. In the instant case, though the amendment application has been filed in the year 2008, it was pending consideration till the year 2013. The respondents had filed a memo seeking withdrawal of the amendment application to agitate the matter before the Company Law Board which is not permissible under Order 23 Rule 3 of CPC. No such liberty can be granted and they have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llenged in O.S.No.125/1990. In view of subsequent events, the respondents had filed an application seeking amendment of the Company Petition. 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 permiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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