Forensic examination of documents: interlocutory forensic applications must be decided before the main petition, prompting remittal.

Where genuineness of foundational documents is disputed and an interlocutory application seeks production and forensic examination, the adjudicatory forum must finally determine that application before deciding the main petition; failure to record a merits decision on such an application renders the adjudication incomplete and susceptible to vitiation. The Tribunal found the record contained an express prayer for forensic testing but no specific adjudication; accordingly the impugned order was quashed and the matter remitted for fresh adjudication, directing decision of the forensic application prior to the petition.

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Issues: Whether the Learned NCLT adjudicated IA No.96/KOB/2020 (seeking production of originals and forensic examination of disputed documents) and whether the alleged failure to decide that interlocutory application on merits vitiates the impugned NCLT order, requiring quashing and remittal.

Analysis: The appeal centres on an interlocutory application under Rule 43 of the National Company Law Tribunal Rules, 2016 seeking production of original documents and their forensic testing; the Companies Act, 2013 imposes a duty on adjudicatory bodies to adhere to principles of natural justice and to give effective hearing under Section 424. Rule 43 empowers the Bench to call for further documentary evidence and to permit forensic examination where forgery or fabrication of records is alleged. The Tribunal recorded observations that the petitioner had not sought forensic testing, but the record of IA No.96/KOB/2020 contains an express prayer for sending documents to a forensic laboratory. The Appellate Tribunal found that the NCLT did not record any specific adjudication on IA No.96/KOB/2020; mere passing references in the main judgment did not constitute a merits decision on the application. Where genuineness of foundational documents is disputed and an application for forensic examination is pending, the adjudicatory forum is obliged to consider and finally determine that interlocutory application before deciding the main petition, failing which the adjudication is incomplete and susceptible to vitiation.

Conclusion: The impugned NCLT order is quashed and the matter is remitted to the Learned NCLT, Kochi Bench for fresh adjudication; the NCLT is directed to decide IA No.96/KOB/2020 on merits and thereafter decide the Company Petition. The appeal is allowed.

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