TaxTMI 
TaxTMI 
2022 (12) TMI 667
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....T Justice Anant Bijay Singh ; The instant Appeal under Section 421 of the Companies Act, 2013, has been filed by the Appellants against the impugned order dated 31.05.2022 passed by the National Company Law Tribunal (New Delhi Court IV) in New IA-116/ND/2022 in CP-88/ND/2021. By which, the Tribunal dismissed the application filed by the Appellants seeking issuance of summons to one Mr. Moolchand Surana, resident of 227D, Prakash Mohalla, East of Kailash, New Delhi 110065 and to examine him on oath. 2. The facts giving rise to this Appeal are as follows: i) The Appellants filed petition before the Tribunal in light of gross acts of oppression and mismanagement by the Respondents in the affairs of Respondent No. 1 - Chaman P....
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....eholding from 2.3% to 80.65%. iii) The subject petition accordingly narrated the several acts of oppression and mismanagement at the hands of Respondent Nos. 2 and 3 and sought various prayers including restoration of the shareholding of the Rajan Goel group. The Vikas Goel group belatedly filed a reply to the subject petition wherein various false and baseless pleas were taken. One of the pleas taken by the Vikas Goel group in its reply was that the Rajan Goel group has already transferred its shares in the Company to the Vikas Goel group. In support of this false allegation, the Vikas Goel group filed certain share transfer forms wherein one Mr. Moolchand Surana had stood and signed as a witness. iv) The Appellants filed....
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....ct, 2013 to issue summons to individuals and examine them on oath in appropriate cases. The Appellant prayed before the Tribunal to issue summons because the witness viz. Mr. Moolchand Surana possessed special knowledge on the issue of the execution of share transfer forms since he stood and signed as a witness to the same and hence his evidence was necessary in the matter. 4. It is further submitted that the Tribunal has clearly erred in observing that documentary evidence and affidavits filed by the parties will in all cases be sufficient to adjudicate the disputes of oppression and mismanagement of a company. The Tribunal neither considered nor appreciated the grounds urged in the subject application which clearly set out the precise ....
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....udgments that the Tribunal should allow examination of witness on oath only in special circumstances or when the petitioner is able to prove with irrefutable evidence that grave injustice will be caused if the examination is not allowed. In the present matter, the Appellants herein have utterly failed to satisfy any of the fundamental conditions as specified above. Further, it is a settled principle of law that the party who wants to prove anything as made out in the pleadings has to give evidence in support of the same, which was absent in the application and is also absent in the instant Appeal. 7. It is further submitted that as per Section 56 of the Companies Act, 2013, a company upon receipt of duly executed, stamped and signed copy....