JUDGMENT
Madon, J.
1. This is a petition under the Companies Act, 1956, to relieve the petitioner from the liability to refile returns of the C.S.D. Financiers Private Ltd., a company of which the-only two directors and two shareholders are the petitioner and the respondent, for the year ended August 31, 1965, and from filing returns for the years ended August 31, 1966, and August 31, 1967,as required by the Registrar of Companies. Section 633(2) of the Companies Act was the only section not which Mr. Hegde, learned counsel f or the petitioner, invited my attention as being the section under which such a relief can be granted. That sub-section confers power upon the court when an officer of a company has reason to apprehend that any proceedings will or might be brought against him in respect of any negligence, default, breach of duty, misfeasance or breach of trust, to relieve that officer from liability in respect thereof in the same manner as it would have had if it had been the court in which such proceedings were brought. Obviously the present petition does not and cannot fall with in the purview of section 633(2). Mr. Hegde has been unable to point out any other provision of the Companies Act which could enable the court to relieve the petitioner of his liability to file returns under the Companies Act. this petition is, therefore, misconceived and not maintainable.
2. Mr. Hegde then applied that he should be allowed to amend the prayer in the petition. No draft of the application for amendment was submitted to me. Since, in my opinion , the petition is not maintainable and must be dismissed, to permit any amendment would be really to substitute a new petition on the file of the court. I accordingly, refuse Mr. Hegde’s application for amendment.
3. In the result, the petition fails and is dismissed. In view of the fact that this petition w as originally filed by the petitioner in person, there will be no order a s to costs of the petition.