Biju Scaria Vs Media Team Solutions (I) Pvt. Ltd. (NCLT Kochi)
Material Facts
The Applicants in Company Petition No. CP(C/Act)/31/KOB/2024 filed an interlocutory application under Rule 11 read with Rules 17(1)(b) and 32 of the National Company Law Tribunal Rules, 2016 seeking permission to amend the Company Petition. The application sought to:
- incorporate additional pleadings relating to subsequent events along with supporting documents, Schedule of Events and consequential prayers;
- correct annexure numbering in the rejoinder; and
- correct annexure references in IA No. 29 of 2025.
The Applicants contended that the proposed amendments related to continuing acts of oppression and mismanagement under Sections 241 and 242 of the Companies Act, 2013 and were necessary for effective adjudication.
Procedural History
The Tribunal noted the following chronology:
- Company Petition filed on 01.11.2024.
- First hearing on 05.11.2024.
- Respondents entered appearance on 19.11.2024.
- Reply affidavit filed on 30.12.2024.
- Rejoinder filed on 02.06.2025.
- Amendment application filed on 05.12.2025.
Legal Issues
The Tribunal considered:
- whether the proposed amendments could be permitted under Rule 155 of the NCLT Rules, 2016;
- whether the amendments merely supplemented the existing pleadings or introduced fresh causes of action;
- whether renumbering of annexures could be permitted at the present stage.
Relevant Statutory Provisions
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