- (1.) The Petitioner filed CA 144/2016 seeking amendment of main CP to add paras in relation to the allegations mentioned below: * To add the following clause-e in paragraph 6 in the main CP - (e)The Respondents have not prepared and got audited the final accounts for the financial years 2014-15 and 2015-16, not sent copies of such accounts to the petitioners, not filed the same with the ROC and not filed annual returns for the said years. * To add the following as sub-clause-b of clause 2 in para 6(ii)-(b) The Respondents No. 2 & 3 have committed fraud in managing the affairs of the company as amply proved by what is stated above rendering themselves liable to be punished by way of imprisonment and fine as per section 447 of the said Act, that the Petitioners withdraw their offer of sale of their shares and that the Respondent company is not the guarantor to any loans taken so cannot sell the properties owned/possessed by the Respondent company to pay of the loans of the other companies. * To add the followings in clause 8 in the Interim Relief sought after the existing sub para (i) and may be read as sub para (j) and sub para (k) under and existing sub para (j) should be read as sub para (1) of the Petition. (j) A retired judge of a High Court be appointed to look into the records of the company and determine the amount of loss caused to the company by the mismanagement of the affairs of the company by Respondent No. 2 & 3. (k) Respondents be directed to convene annual general meetings for the years 2015 and 2016 and place there at the audited final accounts of the company for the financial years 2014 -15 and 2015-16 * The prayer clause (c) in para 10 in final relief should be deleted and clause (d) be treated as clause (c) and clause (e) be treated as clause (f). * To add the following in para 10 of final Relief as clause (d) and (e) the existing clause (e) be read as clause (f)- (d) Direct the Respondents No. 2 and 3 to compensate for the losses caused to the company. (e) An administrator be appointed to look after the affairs of the company to the exclusion of the Respondents 2 and 3 pending the hearing and final disposal of the petition."
(2.) The Petitioners' Counsel submits that the above amendments are necessary for the adjudication of the real controversy involved in the main petition and also submits that these amendments will not cause any prejudice to the Respondents herein.
(3.) On perusal of this application, it is evident that these Petitioners asking amendments to improve the case of the Petitioners, to insert new material facts giving new cause of action to the Petitioners to enlarge their case on some other grounds as well which they now feel inconvenient to them.;