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NCLAT addressed a procedural challenge in a Company Petition under Sections 241-242 of Companies Act, 2013, concerning amendment of pleadings. The Tribunal held that no party can unilaterally amend petition prayers without formal application and court's permission. Rule 155 of NCLT Rules, 2016 empowers amendment for determining real issues, but principles of natural justice must be followed. Statutory provisions mandate that pleadings are court records and cannot be modified without judicial leave. The court rejected the unauthorized amendment attempt, emphasizing procedural integrity and fairness. Consequently, the impugned order was set aside, with appeals allowed, reinforcing the requirement of formal procedural compliance in company law proceedings.
NCLAT addressed a procedural challenge in a Company Petition under Sections 241-242 of Companies Act, 2013, concerning amendment of pleadings. The Tribunal held that no party can unilaterally amend petition prayers without formal application and court's permission. Rule 155 of NCLT Rules, 2016 empowers amendment for determining real issues, but principles of natural justice must be followed. Statutory provisions mandate that pleadings are court records and cannot be modified without judicial leave. The court rejected the unauthorized amendment attempt, emphasizing procedural integrity and fairness. Consequently, the impugned order was set aside, with appeals allowed, reinforcing the requirement of formal procedural compliance in company law proceedings.
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