NCLAT : In M/s. Power Finance Corporation Ltd. vs. M/s. Shree Maheshwar Hydel Power Corporation Ltd. and Ors.

To raise additional grounds or to produce additional evidence which were not raised or produced in the Tribunal can be filed in appeal only after getting leave of the Appellate Tribunal.

The Appellate Tribunal has power to regulate its own procedure, as such, and the Bench Members found that in the Company Appeals (AT) to come up before the Appellate Tribunal, the parties cannot be permitted to raise additional grounds which were not raised in the Tribunal below or file additional evidence/documents in appeal, which were not part of the record of the Tribunal below, unless an I.A. is filed for leave giving reasons as to why the new grounds were not raised earlier and/or why the said documents could not be filed when the matter was in the Tribunal.

The Appellate Tribunal regulate the procedure of Company Appeals under the Companies Acts that are to come up before the Appellate Tribunal directing that parties shall not be entitled to raise additional grounds which were not raised in the Tribunal and/or produce additional evidence/documents without prior leave, by way of I.A. explaining why the same were not raised and/or brought or filed before the Tribunal. Registry may seek directions of Hon’ble Chairperson, and if permitted, parties may be asked to file Declaration at the time of filing pleadings that no additional grounds which were not raised in the Tribunal and/or no additional evidence/documents which were not part of record of NCLT/Tribunal have been raised/filed.

(Link : https://nclat.nic.in/Useradmin/upload/8551530375b6960d5bf228.pdf)