Whether provisions of CPC regarding amendment of pleadings apply to NCLT proceedings?
Shubham Budhiraja [1] The Ministry of Corporate affairs directed the SFIO to conduct investigation into affairs of Company-A & its subsidiaries. Basis the investigation, the Union of India filed petition under section 241-242 alleging oppression mismanagement. The NCLT allowed UOI’s application to amend the petition which was allowed. Some parties objected to the amendment for reason that it is beyond the scope of what was allowed by NCLT. The NCLT rejected the objection. Aggrieved by the same, appeal filed before the NCLAT. The Hon’ble NCLAT held as under [2] : 1. Rule 155 of the NCLT Rules, 2016 which contains general power of amendment. The above rule clearly empowers the Tribunal to permit to amend necessary amendment for the purpose of determining the real question or issue raised in the proceeding. Section 424 of the Companies Act, 2013 deals with procedure before Tribunal and Appellate Tribunal 2. The above pro...