Incomplete consideration of material evidence justifies remand for fresh adjudication by the original forum.

Material evidence directed by the Supreme Court to be considered was not examined by the company court, so the dismissal could not stand on an incomplete record. Because the inspector's report contained relevant facts and evidence, and no merits-based opinion had been formed on that material, fresh consideration by the original forum was necessary. The High Court therefore set aside the single judge's judgment and remitted the company petition for fresh disposal in accordance with law after considering the report and the parties' objections.

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Issues: Whether the judgment dismissing the company petition should be set aside and the matter remitted to the company court for fresh consideration in light of the inspector's report.

Analysis: The matter had earlier been disposed of without considering the inspector's report, though the Supreme Court had directed that the report be taken into account after objections from the Government and the parties. Since the report contained material facts and evidence not examined by the company court, and no opinion on merits had yet been expressed on that basis, fresh evaluation by the court of first instance was found necessary.

Conclusion: The judgment of the learned single judge was set aside and the matter was remitted to the company court for fresh disposal in accordance with law after considering the inspector's report.

Final Conclusion: The proceedings were returned to the company court for a fresh decision on the merits after due consideration of the inspector's report and the objections of the parties.

Ratio Decidendi: Where material evidence directed to be considered by a higher court has not been examined, the matter should be remitted for fresh adjudication by the original forum.

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