Statutory relief under Companies Act section 633(2) cannot be used to ? relieve filing obligations; amendment was refused.

Section 633(2) of the Companies Act, 1956 relieves an officer from liability for negligence, default, breach of duty, misfeasance or breach of trust when proceedings are apprehended or brought, but it does not extend to relieving a company from the statutory obligation to file returns. The petition seeking that relief was therefore misconceived and not maintainable. Because the petition itself was incompetent, amendment of the prayer was also refused, as it would effectively introduce a new petition into the proceedings.

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Issues: (i) Whether a petition seeking relief from the liability to file company returns was maintainable under Section 633(2) of the Companies Act, 1956. (ii) Whether leave should be granted to amend the prayer in a petition found to be not maintainable.

Issue (i): Whether a petition seeking relief from the liability to file company returns was maintainable under Section 633(2) of the Companies Act, 1956.

Analysis: Section 633(2) empowers the Court to relieve an officer of a company from liability in respect of negligence, default, breach of duty, misfeasance or breach of trust where proceedings are apprehended or brought against him. A request to be relieved from the statutory obligation to file returns does not fall within that provision, and no other provision of the Companies Act was shown to support such relief.

Conclusion: The petition was misconceived and not maintainable.

Issue (ii): Whether leave should be granted to amend the prayer in a petition found to be not maintainable.

Analysis: As the petition itself was not maintainable, permitting amendment of the prayer would in substance amount to allowing a new petition to be introduced in the proceedings.

Conclusion: The application for amendment was refused.

Final Conclusion: The petition failed in limine, and the requested relief could not be granted under the Companies Act, 1956.

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