IN RE: UNIWORTH RESORTS LIMITED Vs. STATE

JUDGEMENT

(1.) THE applicant -petitioners have invoked the equitable jurisdiction of the Company Law Board by filing C.P. No. 46 of 2006, in June 2006, under Sections 397 & 398 of the Companies Act, 1956 ("the Act"), with a view to bringing to an end the acts complained of in the affairs of M/s Uniworth Resorts Limited ("the Company") and claiming, against the respondents, the following reliefs:

(2.) THE applicant -petitioners, during pendency of the company petition, have come out in April, 2007 with the present company application (C.A. No. 131 of 2007) inkier Order 6 Rule 17 of Code of Civil Procedure read with Rule 6 of the Companies Court Rules, seeking to amend the company petition mainly on the ground that there are certain subsequent facts, which were not known on the date of filing of the company petition, but subsequently came to their knowledge, due to antedating and manipulations of records of the Company by the respondents. The CLB on weighing the rival contentions raised in C.A. No. 131 of 2007, passed on 27.07.2007, the following order:

(3.) SHRI H.L Tikku, learned Senior Counsel representing the second petitioner, in support of the application for amendment of the company petition submitted: