ASHOK AGARWAL Vs. AMAR UJALA PUBLICATIONS LTD

JUDGEMENT

(1.) THIS appeal has impugned the order of the Company Law Board (CLB) dated 05.10.2012 whereby the application filed by Mr.Ashok Aggarwal and others (hereinafter referred to as the appellants) seeking an amendment under Order VI Rule 17 of the Code of Civil Procedure (hereinafter referred to as the Code) of the petition filed by them under Section 397 read with Section 398 of the Companies Act had been dismissed.

(2.) THIS is the grievance of the appellants. Record shows that a petitioner under Section 397 read with Section 398 of the Companies Act has been filed by the appellant group against the respondent which is now ripe for arguments and is pending before the CLB. This petition has been filed on 27.10.2009. Almost two years later i.e. on 08.8.2011 an application under Order VI Rule 17 of the Code has been filed by the appellants.

(3.) AVERMENTS contained in the application under Order VI Rule 17 of the Code have been perused. Submission of the appellant is that he is not pressing his plea qua the submission that the aforenoted company was really in the nature of a partnership; he is also not aggrieved by the finding returned by the CLB that Ashok Aggarwal will continue to remain as a director in the company till the disposal of the petition pending before the CLB; his grievance is limited to the submission that Manu Anand, another director, had been noted by the CLB to have retired; submission being that Manu Anand having got the requisite educational qualification was always agreed to be retained as a whole time director and it was an understanding between the parties that his term would be continued to be extended even beyond the initial period of five years; he being an integral part of the management of the company.