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2014 (12) TMI 1292 - HC - Indian LawsSuppression of material fact - plot in question is transferred in the name of respondent No.2 on the record of the GIDC [Gujarat Industrial Development Corporation] Held that:- There is a very thin line between suppression of material fact, and non-disclosure of a material fact. On conjoint reading of the pleadings of the petitioner in the civil suit in question and the present petition, this Court finds that, the impugned order passed by the respondent - Corporation is the consequence of the sale deed dated 04.03.2013 and both are inter woven aspects. For this reason the challenge to the sale deed is a material fact for the present petition. Once it is found that, challenge to the sale deed dated 04.03.2013 is a material fact for this petition, non-disclosure thereof would not have any less effect then suppression thereof. The consequence thereof would be, dismissal of this petition. Additionally this Court finds that, had it been pointed out in the petition itself, then what is noted in 6.1 above would not have been a factor against the petitioner, but then, on the contents of the said civil suit, the petitioner could not have been granted any relief by this Court on merits, since during the pendency of the challenge to the said sale deed, the consequential order passed by the respondent Corporation cannot be interfered with. Viewing from one more angle this Court finds that, had the civil suit been not filed at all, then neither 6.1 or 6.2 would have been a factor against the petitioner, but then also on the face of the said sale deed, the petitioner could not have been granted any relief, without any successful challenge to the said sale deed.
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