TaxTMI 
TaxTMI 
2025 (7) TMI 1010
X X X X Extracts X X X X
X X X X Extracts X X X X
...., was instituted by the present Appellant, by invoking the provisions contained under Section 97 of the Companies Act, 2013 read with Rule 74 of the NCLT Rules, 2016. At that relevant point of time, the cause of action for the Appellant, for the purposes to invoke Section 97 of the Companies Act, 2013, was that there were allegedly certain discrepancies pertaining to the holding of the equity shares, conducting of the Annual General Meeting and submission of the company's annual returns and financial statements for 2019-2020 & 2020-2021. Accordingly, the company petition was instituted and the relief as it was carved out therein was limited to the extent of seeking a direction to the Respondent company therein to convene and conduct the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....as modulated to the following effect: - 1. "Condone the delay (i) in conducting Annual General Meetings (ii) in filing the Financial Statements and the Annual Returns of/by the Respondents Company for the Financial Years 2019-2020, 2020-21, 2021-22 and 2022-23. 2. Direct the Respondent Company to convene and conduct the Annual General Meeting, consider/adopt the Financial Statements for the Years 2019-2020, 2020-21, 2021-22 and 2022-23 and also file the Financial Statements and Annual Returns with the Registrar of Companies for the said Financial Years" 4. This application, too, when it was taken up for consideration before the Ld. Tribunal on 24.10.2024, it was directed that, it will too be considered, at the stage when the company pe....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... in fact, it seems that, as if the Appellant wanted to expand the relief clause by adding thereto the Financial Year 2023-24, for the reason being that, the other financial years, for example, that of 2021-22 and 2022-23 stood covered by the earlier interlocutory application filed before the Ld. Tribunal, i.e., IA(CA) No. 51/2023 and IA(CA) No. 47/2024, which were preferred during the course of the pendency of the company petition. The said amendment application has been vehemently opposed by the Respondents counsel on the ground that, if such an amendment is permitted to be carried, it will deceive the very object of the appeal and will rather prolong the proceedings. 8. Besides that, it was argued by the Respondents, that the IA No. 499/....
X X X X Extracts X X X X
X X X X Extracts X X X X
....proval and filing of the financial statements for the Financial Years 2019-20 & 2020-21, but owing to the passage of time during the pendency of the petition, similar action for subsequent Financial Years upto FY 23-24 has also fallen due to be considered for deciding the proceeding under Section 97 of the Companies Act, 2013. Therefore, it cannot be said that, the condonation of delay as prayed for by way of an amendment by incorporating Financial Year 2023-24, runs contrary to the earlier amendment applications IA(CA) No. 51/2023 and IA(CA) No. 47/2024. 12. Rather, IA No. 499/2025 filed in the instant appeal would be in continuation to the earlier amendment applications, which were ordered by the Ld. Tribunal, to be considered at the sta....