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1970 (10) TMI 49 - SC - Companies LawWhether the High Court ought, in exercise of the power under Order 41, rule 33, of the Code of Civil Procedure, to have vacated the writ of mandamus issued requiring them to grant permission for quotation of the company's shares? Held that:- An appellate court may, in appropriate cases, pass any decree and make any order appropriate to the ends of justice, even if a party has not appealed against an adverse decision. That power may be exercised by the court notwithstanding that the appeal is as to part only of the decree and may be exercised in favour of all or any of the parties, even though they may not have filed any appeal or objection. But the jurisdiction is discretionary and the High Court has not exercised it apparently for good reasons. The orders passed against the Union and the two exchanges were in substance distinct. Against the Union the order was made quashing its order in appeal against the orders of the exchanges; and against the exchanges the order was made directing inclusion of the shares in the list of quoted shares. The exchanges acquiesced in the direction. We need, however, not express any final opinion on this question. We are informed at the Bar that the Calcutta Stock Exchange has applied for certificate to the High Court of Delhi and that application is pending. We need not pre-judge the result of that application or the appeal, if any, which may be filed in this court. Appeal dismissed.
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