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12. The plea in relation to the permission to refer to consent decree deserves to be rejected firstly, because it is not disputed that the appellants admittedly had the knowledge about existence of the same when the matter was conducted before the Company Court; secondly, it is not even the case of the appellants that with due diligence it could not have procured the document so as to place it on record when the proceedings were alive before the Company Court; thirdly, though the appeal was filed on 16.08.2004 no ground was raised nor was any application filed praying for permission to tender additional evidence. The contention based on Civil Application No. 129 of 2005 moved by the Official Liquidator in O.J. Appeal No. 43 of 2004 cannot save the appellants from the fact that the plea is raised at a belated stage. The said application was moved by the Official Liquidator as late as on 08.07.2005.