Arambagh Hatcheries Limited vs Phoenix Arc Private Limited

Arambagh Hatcheries Ltd. ....Appellant Vs.

Phoenix ARC Pvt. Ltd. ...Respondent For Appellant: Mr. Ajay Gaggar, Mr. Robin Sirohi, Mr. Uttiyo Mallick, Mr. Hiranyat Ganguly, Advocates. For Respondent: Mr. Amit Singh Chadha, Senior Advocate with Mr. Suresh Dutt Dobhal, Mr. Nirmal Goenka, Advocates.

ORDER

(Through Virtual Mode)

16.02.2022: Heard Learned Counsel for the Appellant.

2. This Appeal has been filed against the order dated 01.11.2021 passed

in IA (I.B.C)/785(KB)2021 by which the Adjudicating Authority (National

Company Law Tribunal), Kolkata Bench, Kolkata has allowed the Applicant-

'Phoenix ARC Private Limited' to amend their Company Petition. The

Respondent to the Application who are Appellant before us objected to the

said amendment but the Adjudicating Authority has granted two weeks' time

to file Reply to the amendment petition.

3. Learned Counsel for the Appellant submits that the additional

documents have also been filed which shall prejudice the case of the

Appellant. It is submitted that the date of default in the Application under

Section 7 was 07.05.2011 which is sought to be amended. 2

4. We have considered the submissions of the Appellant and perused the

record.

5. It is well settled that Application under Section 7 can be amended and

additional documents can be filed by the parties in proceedings under

Section 7. We do not find any error in the order of the Adjudicating Authority

permitting amendment in Section 7 Application. Appellant is protected since

two weeks' time have been allowed to file Reply. It is always open for the

Appellant to file Reply and additional documents which they rely. The order

clearly says that objections shall be decided at the time of hearing. This

clearly means that whatever the amendment has been made that does not

ipso facto means that date of default has been changed and that same shall

be decided by the Court at the time of hearing after hearing both the parties.

6. We, thus, are of the view that no exception can be taken to the

amendment allowed by the Adjudicating Authority. With these observations,

the Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Dr. Ashok Kumar Mishra] Member (Technical) Anjali/nn

Comp. App. (AT) (Ins.) No. 146 of 2022