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2012 (4) TMI 733

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..... aw Board to pass the impugned order dated 17th April, 2008, as a result of which this appeal became necessary. During these four years the appellants suffered as their main grievance before the Company Law Board could not be redressed. This appeal arises out of the amendments sought by the appellants to their petition before the Company Law Board. The Board passed an order, allowing the amendments sought, on 27th July, 2007. The respondents were aggrieved by this order and instituted an appeal in this Court. It was disposed of as long ago as on 5th September, 2007, by Sanjib Banerjee, J. His Lordship did not disturb the impugned order of the Company Law Board dated 27th July, 2007, but asked the Board to supply the reasons for which that .....

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..... Amended Para 4 Vol.3 Page 41 Amendment Sought for Para 4.4 Vol. 1, Page 64 Para 4C, Vol. 3 Page 17 Amended Para 4 Vol.3 Page 48 Amendment Sought for Para 4.5 Vol. 1, Page 64 Para 4D, Vol. 3 Page 17 Amended Para 5 Vol.3 Page 49 Amendment Sought for Para 4.6 Vol. 1, Page 65 Para 4E, Vol. 3 Page 18 Amended Para 6 Vol.3 Page 49 Amendment Sought for Para 6.3 Vol. 1, Page 67 Para 4F, Vol. 3 Page 20 Amended Para 6.3 Vol.3 Page 53 Amendment Sought for Para 18 Vol. 1, Page 72 Para 4G, Vol. 3 Page 25 .....

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..... the matter of grant of amendments to pleadings the Court should not take a hypertechnical approach. The approach to be taken by the Court should be liberal provided no new case is sought to be introduced or any part of the claim sought to be put forward by the amendment proposed, is not barred by limitation. Mr. Mitra also cited another judgement reported in (2006) 4 SCC 385 (Rajesh Kumar Aggarwal Other v. K. K. Modi Others) by placing emphasis on paragraphs 14 and 20 of the report. The same Court opined that the approach of a Court while considering an application for amendment should be to appreciate the real controversies between the parties. The amendments should be allowed accordingly so that real justice can be done between the p .....

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