2001 (7) TMI 1187

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....dment application has been filed under order 6, rule 17, Code of Civil Procedure, 1908 ('the Code') read with rule 6 of the Companies (Court) Rules, 1959, for amending paragraphs 2(1) to 2(5) and sub-paras 11-A, 11-B, 11-C and 11-D along with supplementary affidavit annexing documents which include, confirmation of loan, letters issued by the applicant-company, photostat copies of the cheques issu....

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....w York AIR 1974 SC 1719, Muni Lal v. Oriental Fire & General Insurance Co. Ltd. AIR 1996 SC 642 and Gopal v. Hira Chand AIR 1994 Raj. 110. These decisions have been cited for the proposition that amendment to the pleadings could not be allowed where it changes the cause of action and introduces a new claim for a time barred debt and that the delay of production of documents must be supported by ca....

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....editious and effective disposal of winding up petition, but no party can claim as a matter of right [the application] of the rigours of Code. In Aluminium Corpn. of India v. Laxmi Ratan Cotton Mill [1969] 1 Comp. LJ 38 (All.) - It was held that a petition for winding up is different from that of a suit, governed by the Code. The Companies (Court) Rules, contains the procedure for dealing with the ....