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TMI Blog2023 (10) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... ra i/b K. Ashar & Co.,. For the Respondent No. 1 in WP/447/2023 : Mr. Vishal Kanade with Mr. Mihir Mody and Mr. Arnav Misra i/b K. Ashar & Co.,. For the Respondent No. 2 in WP/530/2023 : Mr. Venkatesh Dhond, Senior Advocate with Mr. Ameya Gokhale, Mr. Vaibhav Singh, Ms. Radhika Indapurkar and Mr. Manas Kotak i/b Shardul Amarchand Mangaldas & Co.,. For the Respondent No. 2 in WP/447/2023 : Mr. Ashish Kamat, Senior Advocate with Mr. Ameya Gokhale, Mr. Vaibhav Singh, Ms. Radhika Indapurkar and Mr. Manas Kotak i/b Shardul Amarchand Mangaldas & Co.,. For the Respondent No. 7 & 8 in WP/ 530/2023 : Mr. Rahul Narichania, Senior Advocate with Mr. Ameya Gokhale, Mr. Vaibhav Singh, Ms. Radhika Indapurkar and Mr. Manas Kotak i/b Shardul Amarcha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re adjourned to 5 September, 2023 at 2.30 p.m. for hearing to be continued on 6 and 7 September, 2023. 4. On 5 September, 2023 the hearing on the present proceedings had commenced, however, at the midst of the hearing considering the submissions as made on behalf of respondent no. 1-Securities and Exchange Board of India (SEBI) and for the reasons as set out in the order passed by the Court, the proceedings came to be adjourned to 13 September, 2023 at 2.30 p.m. The Courts order dated 5 September, 2023 reads thus: "1. We had placed this matter for final hearing today at 2.30 p.m. 2. Mr. Seervai, learned Senior Counsel for the Petitioners, has commenced his arguments. At the midst of the hearing Mr. Bhatt, learned Senior Counsel for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded. 6. We, accordingly, place the proceedings for hearing on 4th October 2023 at 2.30 p.m. to be followed on 5th October 2023 and 9th October 2023. 7. Accordingly, on 4 October, 2023 (yesterday), Mr. Seervai, learned senior counsel for the petitioners in the lead petition commenced arguments. The Court heard Mr. Seervai's arguments for the entire second session. The proceedings remained part-heard for today. 8. When we commenced the hearing of the proceedings today, at the very beginning Mr. Dhond, learned senior counsel for respondent no. 2 - Bharat Nidhi Ltd., made a oral request to place on record a compilation of documents. Such request as made by Mr. Dhond to place on record the compilation of documents, and at this stage, when th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , which are not at all to the knowledge of the petitioners so far, on any prior pleadings. 9. Mr. Dhond, responding to such objection of Mr. Seervai and Mr. Joshi, has drawn our attention to an affidavit dated 5 June, 2023 and more particularly to paragraphs 14 and 17 thereof, wherein on behalf of respondent no. 2, the deponent has stated as under: "14. Even as of the date of filing of the present affidavit, correspondence between SEBI and Respondent no. 2 in respect of the above is still underway. Respondent no. 2 shall therefore, at the time of arguments, submit to this Hon'ble Court, the entire correspondence exchanged between it and SEBI. 15. .... 16. .... 17. I crave leave of this Hon'ble Court to file a further affidavit t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat would be the principles in regard to the pleadings which has been very clearly set out in paragraph 17 of respondent no. 2's affidavit (supra), wherein respondent no. 2 has categorically stated that respondent no. 2 craves leave to file a "further affidavit" to place additional material should the same be deemed necessary or be directed by this Court. This implies two things. Firstly, till the filing of the said affidavit dated 5 June, 2023, whatever respondent no. 2 thought "deemed necessary" was already part of the record and as far as second statement as made in paragraph 17 is concerned, we have not directed respondent no. 2 to file any further affidavit. 13. This apart, for the clarity on the timing of such application as made on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ord and on which there is no specific pleading on any such document and above all which are not in the knowledge of the petitioners. This can certainly cause a grave and serious prejudice to the petitioners. 15. We may also observe and as relevantly pointed out by Mr. Seervai that on 11 March, 2023, advocate for the petitioner has addressed a categorical letter to the advocate for respondent no. 2 requesting that the documents referred and relied upon be furnished to the petitioners, as also that such documents being relied be forthwith provided to the petitioners. It has been pointed out to us that such letter of the advocate for the petitioner, was not replied by the advocate for respondent no. 2. Pointing out the said letter addressed, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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