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2021 (12) TMI 486 - AT - Companies LawSeeking permission to file the Additional Documents in the main Appeal - oppression and mismanagement - siphoning of funds - grievance of the Applicant/Appellant is that he is the only shareholder depending wholly on the dividend, while others are benefited by the fat remuneration and commission packages - HELD THAT:- It cannot be forgotten for filling up the gaps either in evidence or factual matrix of the case, the admission of Additional Documents/evidence is not to be permitted. Also that an Appellate Forum ought not to receive Additional Documents, as a matter of course - The real test is whether an Appellate Forum is able to pronounce judgement/pass orders in main case on the materials available before it, without taking into consideration the Additional Documents/evidence sought to be produced. In the absence of the ‘Additional Documents’ sought to be projected, this Tribunal is of the considered opinion that the ‘Lis’ in TA No.18/2021 can be determined, of course, based on the available materials on record - Application dismissed.
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