P.K. Saikia, Member - (1.) This application has been filed seeking following reliefs: "a) The Daley on the part of the petitioners in filing the instant application be condoned; b) The abatement of the right of the legal heirs, and representatives of the deceased petitioner No. 1. if any, be set aside; c) The proposed amendment as indicated in red ink in the copy of the company petition being C.P. No. 994/2011: (T.P. No. 04/397/398/GB/2016) be allowed; d) Leave be granted to the department of this Hon'ble Tribunal to carry out such amendment within 14 days or within such period as the Hon'ble Tribunal may permit from the date of passing of the order herein; e) Leave be granted to the applicants/petitioners to reaffirm the company petition after amendments are carried out on the basis of the order that may be passed in the instant application; f) After the amendment is carried out. leave be granted to the petitioners to serve a copy of the emended company petition (without annexes) upon the respondents; g) Such further and/or other consequential orders be passed as this Hon'ble Tribunal may deem fit and proper."
(2.) It may be stated that the applicants herein, as the petitioners, have filed a company petition under Sections 111A, 235, 397, 398 and 402 of the Companies Act, 1958 (hereinafter referred to as the 'Act of 1956') alleging that respondents therein, viz, respondent Nos. 2-14 have conducted the business of the company, namely. Doloo Tea Co. (India) Ltd. (hereinafter referred to as the 'company') in such a manner which resulted in huge mismanagement besides subjecting the minority shareholders to oppression.
(3.) Notice of the proceeding was served upon the respondents therein, The respondents entered appearance and objected the petition on various grounds and also questioned the maintainability of the same. The Company Law Board, Kolkata (in short 'CLB' Kolkata) on hearing the parties refused to grant interim relief, sought for by the petitioners in company petition No. 994/2011 but was pleased to conclude on the face of record that the petition is maintainable and ordered posting of the matter for further proceeding in accordance with the procedures prescribed.;