2012 (4) TMI 733

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..... appear from the discussion below for the Company Law 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 ask .....

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..... 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 Amended Para 18 Vol.3 Page 62 Amendment Sought for Para 22 Vol. 1, Page 73 Para 4H, Vol. 3 Page 26 Amended Para 22 Vol.3 Page 63 Amendment Sought for Para 23 Vol. 1, Page 73 Para 4H, Vol. 3 Page 27 Amended Para 23 Vol.3 Page 64 In the impugned order, inter alia, the increase in capital has been allowed. But the increase in pai .....

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..... 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 parties. I am firmly of the opinion that the amendments sought to be introduced by the appellants fall into those categories of amendments approved by the Supreme Court in the above two decisions. One more point needs to be decided. That is the question of delay. I am satisfied with the submissions made by Mr. Mitra that knowledge of a substantial part of the subject matter of the amendment application was gained by the appellants from the balance-sheet of the respondent co .....

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