NCLT allows for amendment of Default Date

The National Company Law Tribunal, Bengaluru Bench, permitted amendment of the date of default in a Section 9 insolvency application from 27 November 2020 to 30 September 2019. 

The Tribunal held that an amendment which aligns the pleadings with the factual foundation already on record and facilitates complete adjudication of the dispute ought to be allowed. 

It further observed that the merits of the underlying insolvency claim, enforceability of the Letter of Comfort, foreign judgment and maintainability objections were matters to be examined at the stage of final adjudication and not while deciding an amendment application.