Amendment of pleadings in company petitions may be allowed when it clarifies the real controversy and avoids a fresh cause of action.

Amendment of a company petition may be permitted where it assists determination of the real controversy and does not introduce a new case or fresh cause of action. The Tribunal noted that Section 433 of the Companies Act, 2013 applies the Limitation Act only as far as may be, and that no specific limitation period is prescribed for seeking such an amendment under the Companies Act. It therefore treated limitation and knowledge as fact-sensitive questions, to be assessed on the circumstances, and cautioned against a hyper-technical approach. On the facts before it, the amendment was allowed and was not treated as time-barred.

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Issues: Whether the applicant should be permitted to amend the petition, and whether the request for amendment was barred by limitation.

Analysis: The Tribunal treated the limitation objection as dependent on the facts and the nature of the proposed amendment. It noted that Section 433 of the Companies Act, 2013 makes the Limitation Act applicable only as far as may be, and that no specific time limit is prescribed in the Companies Act for seeking such amendment. Referring to the principles governing amendment of pleadings under Order VI Rule 17 of the Code of Civil Procedure, 1908, the Tribunal held that amendments should be allowed where they help determine the real controversy and do not introduce a new case or fresh cause of action. It also observed that a hyper-technical approach should be avoided and that the question of knowledge and limitation had to be evaluated on the circumstances of the case.

Conclusion: The amendment was held to be permissible and not barred by limitation on the facts before the Tribunal, and the application was allowed.

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