Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Unilateral Pleading Amendments Prohibited Without Formal Court Permission Under Sections 241-242

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....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.....