- (1.) This is an application for amendment of written statement. The third paragraph of the written statement is intended to be amended by deleting the statement therein that one Mr. A.B.A. Dubash who took part in certain discussions with the plaintiff' in or about March 1986 was not the Managing Director of the defendant.
(2.) Pages 3, 42, 53 and 57 of the petition have been placed before me and it is said on the basis of the minutes of the board meeting of 5/08/1986 and a copy intimation to the Registrar of Companies that the said Dubash was appointed as an Additional Director any from 5/08/1986 which was far later than March, 1986 and that he resigned from the Board as per the intimation dated 5th Feb. 1990.
(3.) The defendant has no doubt admitted the Managing Directorship of Dubash in the written statement but there is no pointed date given in relation to the duration of the said Managing Directorship. Moreover, even though the written statement contains such an admission, the same is not a conclusive proof of the Managing Directorship of Dubash but that the defendant would be free to prove at trial other facts which might lead ultimately to a conclusion that Dubash was not a Managing Director, notwithstanding an admission to the contrary in the written statement, allegedly erroneously made.;