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TMI Blog2023 (10) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... t or entitlement on respondent no. 2 to place on record a big bunch of documents, at the midst of the final hearing as requested by Mr. Dhond in his oral application. This would be certainly contrary to the basic rule the Court would adopt on pleadings. Also after such long lapse of time and that too after the proceedings have commenced final hearing and the petitioners had commenced their arguments and quite substantially it would not be fair to the petitioners that new material documents unknown to the parties are permitted to be placed on record. It would also not be fair to the process of adjudication of the proceedings. Moreover, this would be completely contrary to the basic law of pleadings under which any plea to be taken by a party which may be on documents or otherwise would be required to be taken by way of a pleading in that regard, and such documents on which a plea is taken are required to form part of the record, in a manner known to law. This is the normal rule, so that such plea and documents are made known to all the parties on which the parties can advance their case before the Court. If we permit such compilation of documents to be placed on record, we pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... over to 24 July, 2023 (H.O.B.). 2. Accordingly, on 24 July, 2023, the petitions were listed for final hearing on 25 August, 2023 at 3 p.m. to be thereafter taken up on 28 and 29 August, 2023. The parties were specifically directed to place on record a convenience compilation, list of dates and the propositions they intend to canvass one week prior to the adjourned date of hearing and accordingly the proceedings were adjourned to 25 August, 2023 to be listed for final hearing at 3 p.m. 3. On 22 August, 2023, i.e., two days prior to the adjourned date of hearing, as the Bench was not available on 25 August, 2023 the Court had listed the proceedings for directions on 22 August, 2023 when the proceedings were adjourned to 5 September, 2023 at 2.30 p.m. for hearing to be continued on 6 and 7 September, 2023. 4. On 5 September, 2023 the hearing on the present proceedings had commenced, however, at the midst of the hearing considering the submissions as made on behalf of respondent no. 1-Securities and Exchange Board of India (SEBI) and for the reasons as set out in the order passed by the Court, the proceedings came to be adjourned to 13 September, 2023 at 2.30 p.m. The Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on record a compilation of documents. Such request as made by Mr. Dhond to place on record the compilation of documents, and at this stage, when the Court had already commenced with the final hearing of the proceedings is strongly objected by Mr. Seervai and Mr. Joshi, learned senior counsel for the petitioners. The objection is that ample opportunities were available to respondent no. 2 to place its pleadings and the documents on record. The contention is that by now tendering such a compilation, the course of the proceedings, which are part-heard proceedings, is now sought to be altered, by taking the petitioners by a surprise to plead a case on such documents, which is not part of the record. It is also Mr. Seervai s submission that it may be the contention of respondent no. 2 that these documents stated also to be the correspondence between respondent no. 2 and SEBI, however, it was incumbent for respondent no. 2 in that case to utilize the opportunity which was available and granted by the Court earlier, to make out a case on pleadings on any such documents, which was avoided by respondent no. 2. It is submitted that such documents thus, cannot be permitted to be brought on re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not confer any right or entitlement on respondent no. 2 to place on record a big bunch of documents, at the midst of the final hearing as requested by Mr. Dhond in his oral application. This would be certainly contrary to the basic rule the Court would adopt on pleadings. Respondent no. 2 was clearly aware as to what would be the principles in regard to the pleadings which has been very clearly set out in paragraph 17 of respondent no. 2 s affidavit (supra), wherein respondent no. 2 has categorically stated that respondent no. 2 craves leave to file a further affidavit to place additional material should the same be deemed necessary or be directed by this Court. This implies two things. Firstly, till the filing of the said affidavit dated 5 June, 2023, whatever respondent no. 2 thought deemed necessary was already part of the record and as far as second statement as made in paragraph 17 is concerned, we have not directed respondent no. 2 to file any further affidavit. 13. This apart, for the clarity on the timing of such application as made on behalf of respondent No. 2, we have referred to our earlier orders passed right from 17 July, 2023, which would point out that there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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