Sanjib Banerjee, J. - (1.) A piquant situation has arisen with the parties claiming that there was an obvious mistake in the order dated April 12, 2007 passed on an application in proceedings under Sections 397 and 398 of the Companies Act; and, another person suggesting that there was neither any mistake in the recording of the order nor should it otherwise be corrected since valuable rights have accrued pursuant thereto.
(2.) ONE Amita Sen, since deceased, instituted CP No. 252 of 1985 under Sections 156, 237, 397, 398, 403 and 406 of the Companies Act, 1956 complaining of there being a serious dispute as to the structure of the company 's paid -up capital and citing oppression of the shareholders and mismanagement in the affairs of the company. The original petitioner claimed to be entitled to 3472 equity shares amounting to 15.1 per cent of the valid paid -up capital in the company. The original petitioner also claimed to have the support of shareholders making up a further 7.11 per cent of the total paid -up capital in the company. Following the death of the original petitioner, the action was continued in the name of her four sons upon the petition being amended pursuant to orders dated December 21, 2005 and January 24, 2006. The amendments were carried out on or about February 8, 2006.
(3.) CA No. 302 of 2007 was taken out in April, 2007 by three of the substituted petitioners. The prayers in the Judge 's summons dated April 5, 2007 were as follows: a) An order should be passed that the aforesaid company petition be treated as withdrawn and all applications connected thereto as not pressed. b) Such further and/or other orders be made and directions be given as to this Hon'ble Court may seem fit and proper.;