1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY APPLICATION NO.773 OF 2009 IN COMPANY APPEAL NO.42 OF 2009 IN COMPANY PETITION NO.34/397-398/CLB/MB of 2009 WITH COMPANY APPEAL NO.42 OF 2009 IN COMPANY PETITION NO.34/397-398/CLB/MB of 2009 M/s. Game King Private Limited & Ors. ..Applicants/ Appellants (Org.Appellants). vs. Mr. Lakhulal Chaurasia & Ors. ..Respondents. .... Mr. Suresh S. Pakale, for Applicant & Appellant. Mr. Abhishek Khare, a/w. Mr. Amit Kharkhanis, for Respondent No.3. .... CORAM : S.J.KATHAWALLA, J. DATE : 21 ST AUGUST 2009. P.C. This company appeal has been filed by the appellant under section 10(F) of the Companies Act, 1956, impugning the order 2 passed by the Company Law Board dated 3 rd July 2009, whereunder pursuant to Regulation 48, the Company Law Board has “Condoned the inherent corrections, if any, left out”. 2. The learned Advocate appearing for the appellant submits that Regulation 48 requires the Bench to record reasons in writing while dispensing with the requirement of any of the regulations, which the Company Law Board has not done. 3. The learned Advocate appearing for the respondent has informed this Court that the Company Law Board pursuant to the intervention application has allowed the respondent (original petitioner) to carry out necessary amendments to the petition. 4. In my view, the aforesaid grievance of the appellant will be sorted out if the respondent is directed to file a fresh petition on the same cause of action, instead of amending the petition as directed by the Company Law Board, to which the appellant can have no objection. 5. In view thereof, I pass the following order :- 3 The respondent (original petitioner) shall file a fresh petition on the same cause of action and shall also join the intervenor as a party and include necessary averments in respect thereto within a period of 4 weeks from today. 6. In view of this order, the appellant is not pressing his appeal and/or his application. Company appeal no.42 of 2009 and company application no.773 of 2009 are accordingly disposed of. [ S.J.KATHAWALLA, J. ]