- (1.) In spite of service, none appears on behalf of the respondent nos. 1 and 3. Let the affidavit-of-service filed in Court today be kept with the record. Re: CAN 301 of 2015 (amendment application) The plaintiff/appellant has taken out this application praying for amendment of the memorandum of appeal and the application for interim injunction filed in connection with this appeal. It is stated in the said application that the share certificate numbers and the distinctive numbers thereof which were mentioned in the memorandum of appeal and the application for interim injunction, are incorrect. We are informed that even in the plaint as well as in the injunction application filed before the learned Trial Court, those incorrect share certificate numbers and the distinctive numbers thereof were mentioned. We are also informed by the learned counsel appearing for the parties that on the prayer of the plaintiff, the plaintiff was allowed to amend his pleadings in the Trial Court for giving the correct share certificate numbers and the distinctive numbers thereof.
(2.) The plaintiff/appellant is seeking identical amendment in respect of the share certificate numbers and the distinctive numbers in the memorandum of appeal as well as in the application for injunction filed in connection with this appeal. Having regard to the fact that identical amendment was allowed by the learned Trial Court, we allow the appellant's prayer for amendment of the memorandum of appeal as well as the application for interim injunction filed in this appeal, in view of the decision of the Hon'ble Supreme Court in the case of Jayanti Roy Vs. Dass Estate Pvt. Ltd., 2002 5 SCC 175 .
(3.) The concerned department is directed to carry out the amendment in the memorandum of appeal as well as in the application for injunction filed in this appeal. The application for amendment being CAN 301 of 2015 is, thus, disposed of. Re: CAN 11799 of 2015 (compromise application) This application for compromise has been filed jointly by the plaintiff and the defendant no.2. Learned counsel appearing for those parties submits that they are not pressing the compromise petition presently.;