TaxTMI 
TaxTMI 
2024 (6) TMI 1561
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....& Ors., before NCLT, Hyderabad, whereby invoking the provisions contained under section 130 of the Companies Act, 2013, she sought a relief, to the effect of appointment of an independent auditor, so as to re-open and re-cast the financial statements of Geomatrix Laser Solutions Pvt. Ltd.(Appellant herein), pertaining to for last eight financial years i.e., with effect from year 2010 -2011 upto the financial years 2016-2017. Be that as it may, at this stage of appeal, we are not venturing upon the merits of the proceedings under section 130 of the Companies Act, 2013, because in the instant Appeal, the present Appellant, who happens to be Respondent/Opposite Party No. 1, in the aforesaid proceedings before NCLT, seeks to challenge the or....
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....ion thus filed by the Appellant was preferred by invoking the provisions contained under Rule 11, 13, 32 & 40 of the NCLT Rules, 2016. There cannot be any dispute with regards to the extent and ambit of exercise of discretionary powers possessed by the NCLT in relation to the aforesaid application as derived from the aforesaid provisions under NCLT Rules of 2016, and there cannot be a strict or absolute restriction too on the Tribunal to take the documents on record, which could have otherwise facilitated either of the parties to the proceedings to establish their case in order to meet out the ends of Justice and to provide a complete opportunity to the parties to establish their case before the Learned Tribunal. The basic principles gov....
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....ed based on the documentary evidence or evidences which are relied by the parties, for the reason being that the documents in a criminal cases, meant to be exclusively considered in a criminal proceedings only for the purposes of imposition of punishment/penalty, they are not to be read in evidence in a civil case, before a civil court/Tribunal governed by an independent procedural law. Further, the contention raised by the Learned Counsel for the Appellant, that the Tribunal rejected his application based on the analysis of the contents of these documents sought to be taken on record by the Appellant, stands contrary to the findings of the Tribunal as recorded in the Impugned Order, wherein the Tribunal has scrupulously followed Rule 40....
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....he set of judicial precedence can still be read by him during arguments seen in this light, the application thus preferred by the Appellant being IA No. 45/2023, was rightly rejected by NCLT, Hyderabad because there is no apparent procedural error committed which is required to be considered by this Appellate Tribunal, when it stands the test of procedure prescribed under the NCLT Rules, 2016. The Learned Counsel for the Appellant has referred to a number of judgements rendered by the Hon'ble Apex Court and by the Hon'ble High Court in support of his contention to permit placing additional documents on record. However, it is to be noted that procedural principles of Order 8 of C.P.C. for taking the documents on record pertain to the docu....