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2020 (5) TMI 565 - HC - Companies LawPrinciples of Res-Judicata - Maintainability of application - Winding up order - physical condition and status of the lands, over which the applicant claims a right - HELD THAT:- It defies comprehension as to how, in the face of the order, dated 24th April, 2020, and the observations entered, by this Court, in para 7 thereof, the applicant could maintain yet another application, with the very same prayer, without curing the defects/defaults highlighted in para 7 of the said order. There is no question, here, of application of the principle of res judicata. The fact of the matter is that an application containing an identical relief, already stands dismissed, by this Court, on the ground that such prayers could not be urged without, in the first instance, placing specific facts, on affidavit, regarding the alleged construction activities, the exact nature thereof and the manner in which the applicant obtained knowledge. It is completely impermissible, in my view, for the second application, to be preferred, with the same prayers, again suffering from the same defects, i.e., in the absence of any assertion of facts, regarding the alleged construction activities, the exact nature thereof and the manner in which the applicant obtained knowledge. Allowing such an application would amount to allowing the applicant to indulge in forum shopping, which has, from time immemorial, been deprecated. Application dismissed.
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