- (1.) The petitioner filed Company Application No. 146 of 2016 seeking amendment of main company petition to add paras in relation to the allegations mentioned below: • To add the following as para (d) in the application in para-6(i) of main company petition - to say that the respondents have not prepared and got audited the final accounts for the financial years 2014-2015 and 2015-2016, not sent copies of such accounts to the petitioner and not filed annual returns for the said years. • To add the following at the end of para 6(ii) -- to say that the respondent No. 2 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 petitioner withdraw their offer of sale of their shares, 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 off the loans of the other companies. • To add an interim relief 'g' for appointment of a retired High Court Judge 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 R-2. • To add an interim relief 'h' for direction to the respondents 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 2014-2015 and 2015-2016. • To add a final relief 'd' to appoint an administrator to look after the affairs of the company to the exclusion of R-2 pending the hearing and final disposal of the petition. The petitioner 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.
(2.) On perusal of this application, it is evident that this petitioner asking amendments to improve the case of the petitioner, to insert new material facts giving new cause of action to the petitioner to enlarge his case on some other grounds as well which he now feels inconvenient to the petitioner.
(3.) The respondents reply to this application is that the petitioner now alleging that the respondents indulged in fraudulent activities, which was not there in the original company petition and averments in the application are vague and baseless.;