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TMI Blog2021 (12) TMI 486X X X X Extracts X X X X X X X X Extracts X X X X ..... DER VIRTUAL MODE The Applicant/Appellant has preferred IA No.580/2021 in TA No.18/2021 (Comp App (AT) No.325/2019) seeking permission to file the Additional Documents in the main Appeal and to take them on record, by this 'Appellate Tribunal'. 2. The Learned Counsel for the Applicant/Appellant submits that the 'Appellant' in the main Appeal has sought reliefs against 'oppression and mismanagement' and that the 'majority' - self-appointed themselves as Directors in the Boards of all the profit making subsidiaries of the 1st Respondent company, are not providing any opportunity to the Applicant/Appellant, although, all the shareholders had equally inherited the entire shareholding of their ancestors. 3. It is the stand of the Applicant/Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an after tax profit of Rs. 5660.25 lakhs, they declared an interim dividend in September, 2020 which worked out to Rs. 62,40,000/- to the Applicant/Appellant, but this year they had declared a much lesser dividend that he received only Rs. 9,36,000/-through the profit is on the increase. 7. The Learned Counsel for the Applicant/Appellant submits that the Applicant/Appellant has filed IA No.580/2021 in TA No.18/2021 in the main Comp App. (AT) No.325/2019 seeking permission to file the Working Sheet for four years from 2017-18 to 2020-2021, certified by the Appellant's Auditors and 'Certificate of Dividends' issued by the Company for Applicant's share and these documents are relied upon by the Applicant/Appellant to make out his points, whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kalinga Tubes Ltd (1965) 35 Comp Cas 351 (Para 18 and 34) and contends that only act upto the date of 'petition' can be considered and further that the 'petition' has to be decided on the basis of the fact as they were, when the application was made. 9 The Learned Counsel for Respondents No. 1,3,4, 6 to 11, 13, 16 cites the decision of Hon'ble Supreme Court in Sangramshingh P Gaekwad amd Ors V Shantadevi P Gaekwad and Ors (2005) 11 SCC 314 (vide paragraph 200) and takes a stand that a case for the grant of relief against 'oppression must be made out in the Company Petition itself and that the 'defects' therein cannot be cured nor the lacuna be filled up by other oral or documentary evidence. Also that, on behalf of the Respondents No. 1,3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... MLJ Page 33. 13. It cannot be forgotten for filling up the gaps either in evidence or factual matrix of the case, the admission of Additional Documents/evidence is not to be permitted. Also that an Appellate Forum ought not to receive Additional Documents, as a matter of course. 14. The real test is whether an Appellate Forum is able to pronounce judgement/pass orders in main case on the materials available before it, without taking into consideration the Additional Documents/evidence sought to be produced. 15. At this juncture, this Tribunal aptly points out the Judgement of the Hon'ble Supreme Court of India in Union of India V. Ibrahim Uddin & Anr (Decided on 17.7.2012) wherein at paragraphs 25 to 28 it is observed as under:- "25. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l evidence to enable it to pronounce judgment. (Vide: Haji Mohammed Ishaq Wd. S. K. Mohammed & Ors. v. Mohamed Iqbal and Mohamed Ali and Co., AIR 1978 SC 798). 27. Under Order XLI , Rule 27 CPC, the appellate Court has the power to allow a document to be produced and a witness to be examined. But the requirement of the said Court must be limited to those cases where it found it necessary to obtain such evidence for enabling it to pronounce judgment. This provision does not entitle the appellate Court to let in fresh evidence at the appellate stage where even without such evidence it can pronounce judgment in a case. It does not entitle the appellate Court to let in fresh evidence only for the purpose of pronouncing judgment in a particula ..... X X X X Extracts X X X X X X X X Extracts X X X X
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