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TMI Blog2021 (10) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... - (IB)-877(ND)2018, IA/4674/2020, IA/1317/2019 and IA/5552/2020 - - - Dated:- 23-9-2021 - Abni Ranjan Kumar Sinha, Member (J) And L.N. Gupta, Member (T) For the Appellant : Amol Vyas and Saumil Sharma, Advs ORDER 1. IA/4674/2020: By filing this IA, the Applicant has prayed for amendment in the application numbering IA-1317/2019 filed by the Applicant. The respondent has appeared and filed the reply. 2. Heard the Ld. Counsel for the Applicant as well as the Respondent and perused the averments made in the application and reply filed by the respondent. 3. Ld. Counsel for the Applicant submits that the Applicant has made certain averments in para 11 of the Application, which may be permitted to be incorporated in the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proposed amendment, the Applicant is changing the nature of the application, which is not permissible in law. He further referred to the paragraph 5 of the Reply: 5. That it is submitted that the applicant in this present amendment application has not only changed the cause of action on which LA No. 1317/2019 was filed but also create an entirely new case by way of an amendment. That through this instant application, the Applicant has sought to amend LA No. 1317 of 2019, challenging the decline in the value of inventory of the Corporate Debtor whereas the main application was filed by the Applicant under Section 66 of the Code thereby challenging the sale deed dated 07.11.2012 which in the opinion of the Applicant i.e. the Resolution P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibed by the IBBI and further the time period for liquidation of the Corporate Debtor may further be extended till the disposal, execution and implementation of the Order of your Hon'ble Bench upon the Application under Section 66 of the IBC in the interest of justice, equity and good conscient. 11. Heard the Ld. Counsel for the Liquidator. We notice that in the prayer that no specific period has been mentioned for which exclusion and extension is sought by the Applicant. Therefore, the prayer of the applicant, being non-specific is not maintainable. 12. Accordingly, the IA is Dismissed. However, liberty is granted to the Applicant to file a fresh application in accordance with the provisions of law. - - TaxTMI - TMITax - I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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