Facts: The Creditor lend an amount of 10 Crore to the Debtor who was unable to pay it which

resulted in the Creditor filing a Winding-up Petition. During the pendency of this petition, the
Debtor repaid the amount of 10 Crore to the Creditor but committed a new default of 8 Crore.
Query: Does a Creditor need to file a fresh petition for Winding-up where the defaulted claim
amount has changed during the pendency of the Winding-up petition or can the original petition
be amended?

Answer: The creditor need not file a fresh Petition as the original petition can be amended.

Reasoning:

The Code of Civil Procedure is applicable to proceedings under Companies Act by the
virtue of Section 141 which provides for procedures of the Code to be followed in any
Court of Civil Jurisdiction. Therefore the question of amendment of petition of windingup can be decided on the principles governing amendment of pleadings under Order 6
Rule 17 of CPC. Bastar Transport and Trading Co. Vs. Court of Ward, Bastar

[1955] 25 Comp Case 108 (Nag)

Order 6 Rule 17 - the Court may at any stage at the proceedings allow either party to
alter or amend his pleadings in such manner and on such terms as may be just, and all
such amendments shall be made as may be necessary for the purpose of determining the
real questions in controversy between the parties: Provided that no application for
amendment shall be allowed after the trial has commenced, unless the court comes to the
conclusion that in spite of due diligence, the party could not have raised the matter before

the commencement of trial.

Bhagat Industrial Corporation Ltd. Vs. Ego Metal Works P. Ltd. - In the instant case,
whether the dispute concerning the debts of the petitioner-company, was bona fide, it can
be gone into after admitting the petition and recording the evidence - Therefore, in view
of the said facts, in the interest of justice, it was ruled that the amendment would be
allowed.

Therefore a fresh petition need not be filed as under Order 6 Rule 17 of CPC, the winding-up
petition can be amended.

Also Section 279 of the Companies Act 2013, except with the leave of the court, bars institution
or continuation of any suit or legal proceeding by or against the company when a Winding-up
order has been passed or a Provisional Liquidator has been appointed.
Rule 9 of Companies (Court) Rules Act 1959 specifies that nothing in the Companies Rules
affects the inherent powers the Court to pass any Direction or Order necessary to meet the ends
of Justice.