# In the matter of PVH Steels Private Limited I.A-57-KOb-2020 in TCP-61-KOB-2019

> NCLT judgment dated 2022-03-14. Citation: TCN-2022-NCLT-03750. This is a case regarding an application (IA No.57/2020) filed under Rule 11 of the National…

- **Court:** NCLT
- **Order date:** 14 Mar 2022
- **Citation:** TCN-2022-NCLT-03750
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/pvh-steels-private-limited-ia-57-kob-2020-in-tcp-61-kob-2019-65a27a03

## Summary

### Background

This is a case regarding an application (IA No.57/2020) filed under Rule 11 of the National Company Law Tribunal Rules read with Order VI Rule 17 of the Civil Procedure Code for the amendment of the Company Petition (TCP/61/KOB/2019) to include additional reliefs by the Petitioner. The petitioners sought to declare an Annual General Meeting (AGM) conducted on 1/11/2019 as invalid and to quash all decisions taken in the AGM, including resolutions against the reappointment of the 1st Petitioner. They also sought to quash the DIR-1 filed by the Respondent with the Ministry of Corporate Affairs for the removal of the 1st petitioner. The respondents opposed the application, stating that the AGM was duly convened and conducted. An interim order had been passed by the NCLT

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## Facts

The petitioners filed a Company Petition before the NCLT. The NCLT Chennai Bench passed an interim order restraining the respondents from giving effect to decisions taken in an EGM dated 06/06/2019 regarding the removal of the 1st Petitioner from directorship. The petitioners received a notice for convening an AGM on 14/10/2019 and wrote a letter to the respondents on 15/10/2019. They were then served with a notice dated 22/10/2019 for convening an AGM on 1/11/2019, where the agenda included the appointment of Directors or reappointment in place of P.V Hassan. The petitioners sent a reply dated 30/10/2019, raising objections to the AGM, including that the board meeting for convening the AGM was invalid, the minimum notice period of 21 days was not complied with, and

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## Issues and analysis

### Issue 1: Whether the amendment of the Company Petition to …

**Ratio:** The court has the power to allow amendments to pleadings to determine the real question

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**Reasoning:** The court considered that even if the amendment sought by the petitioners is allowed, the

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**Interpretation:** The court interpreted the rules of procedure to allow amendments that

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**Application:** The court applied the principle that amendments should be allowed if they help

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## Parties

- **Judges:** Ashok Kumar…; Anil Ku…
- **Appellants:** Ashraf Ka…
- **Respondents:** PVH Steels…

## Timeline

- **2019-06-06 — EGM Date…**: Extraordinary General Meeting (EGM) date regarding the removal of the 1st Petitioner from…
- **2019-07-06 — Interim Order by NCLT…**: NCLT Chennai Bench passed an interim order restraining the Respondents from giving effect…

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