Deloitte Haskins & Sells LLP Vs Union of India & Ors (NCLAT Delhi)
NCLAT Delhi held that the objection that petitioner has not amended the petition cannot mean that on the basis of leave granted to serve amended petition Respondent – Union of India can add relief without filing any application and without obtaining order of the Court. Thus, direct the Union of India to delete clause (e) from the prayers of the Company Petition.
Facts- On 30.09.2018, Ministry of Corporate Affairs (MCA) directed Serious Fraud Investigation Office (SFIO) to carry investigation of IL&FS and its subsidiaries. NCLT by order dated 18.07.2019 allowed MA No.2071 of 2019 and impleaded Ex-Directors, Key managerial personnel and Ex-Auditors of IFIN to Company Petition No.3638 of 2018.
The Union of India filed MA No.2696 of 2019 seeking leave to amend Company Petition No.3638 of 2018. By order dated 25.11.2019, NCLT allowed the application for amendment to the Company Petition, as prayed in the application.
On 20.02.2024, MA No.2070 of 2019 and MA No.2071 of 2019 filed by Union of India came for consideration before the NCLT. NCLT adjourned the matter to 21.02.2024 and granted liberty to the Union of India to carry out amendment in CP N.3638 of 2018, as was permitted earlier vide order dated 25.11.2019.
