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TMI Blog2021 (5) TMI 818X X X X Extracts X X X X X X X X Extracts X X X X ..... he amended Company Petition in both cases serving copy to all the respondents, within two weeks from today - Application allowed. - C.A. No. 4/KOB/2021 in CP No. 51/KOB/2020 and C.A. No. 5/KOB/2021 in CP No. 50/KOB/2020 - - - Dated:- 30-4-2021 - Ashok Kumar Borah, Member (J) For Appearing Parties : Madhu Radhakrishnan, A.N. Rajan Babu, Advocates and Muhammed Fazil, Govt. Pleader ORDER Ashok Kumar Borah, Member (J) 1. Since common issues and law are involved in both these Company Applications, they are disposed of by this common order. 2. CA/04/KOB/2021 has been filed by Mr. Sreekumar Sreepadam, who is Petitioner in the Company Petition No. 51/KOB/2020 and CA/05/KOB/2021 has been filed by Mr. P.P. Madhusoodhanan who i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Company Petition. These facts are essential to the adjudication of the Company Petition. Hence, they sought the amendment of the Company Petition as stated above. 4. In both cases the respondents 1 to 5 filed a counter affidavit opposing the prayers of the applicants to amend the Company Petition. They stated that the application is based on new cause of action which has become time barred. The petitioner seeks reliefs against the existing Articles of Association of Yogam made in 1999 based on an order of Ministry of Justice and Company Affairs (Department of Company Affairs dated 20th August, 1974, which has been passed exercising its power under Section 25(b) of the Companies Act granting exemption to SNDP Yogam from the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be said that the tenure of the respondents 2 to 5 can only be for a period of three years, which has already expired. 1st respondent have not committed any act in violation of the Companies Act read with Non-trading Companies Act. Hence the action taken against the petitioners are legal and valid. As per the Article 51 of the Association, notice should be sent by letters or through advertisement in newspapers. Articles 44 and 51 were registered in the office of Registrar. Hence as per Section 10 of the Act of 2013 a registered Article is binding on all members as contract signed by each member and company. Hence no exemption order is necessary from the State Government from applicability of Section 101(3), Section 136 and Article 10 of Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and they deliberately not added those prayers. The prayers made by them now will give new cause of action, which would be hit by limitation as it is time barred. 9. After considering the averments of both sides, this Tribunal is of the opinion that in the interests of justice, the applicants may be permitted to amend the Company Petition incorporating the paragraphs and reliefs sought therein. Respondents can very well counter those averments and the reliefs, raising limitation, if any, by filing detailed counter affidavit, so that this Tribunal can consider those arguments also while finally disposing of the Company Petitions. 10. In view of the aforesaid finding, CA/04/KOB/2021 and CA/05/KOB/2021 are allowed. The applicants are di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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