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Companies Law - Highlights / Catch Notes

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Seeking directions against the respondent no. 1/National Housing ...

Companies Law

April 17, 2024

Seeking directions against the respondent no. 1/National Housing Bank (NHB) to consider and decide upon the petitioner’s representation - The High Court noted that the petitioner's representation primarily aimed at collecting information to use in litigation before the National Company Law Appellate Tribunal (NCLAT), rather than seeking redressal of any immediate legal or constitutional rights. The Court emphasized that writ jurisdiction cannot be employed as a means to gather evidence against a party involved in pending disputes. It cited legal precedents to highlight that courts are not forums for roving inquiries or fact-finding missions. Concluding that the petitioner's petition was a misuse and abuse of the court's process, the Court dismissed the petition along with the pending application.

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