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2020 (6) TMI 16 - HC - Companies LawSuppression of facts - Change in management - the petitioners did not seek any permission from BIFR for any change in the management - increase in authorized share capital - HELD THAT:- It appears that there are disputed questions of facts as stated by both the sides on affidavit. Moreover, it is also not in dispute that BIFR was functional when the interim order was passed by this Court. It appears that the petitioners have suppressed the material facts on record when the interim order was passed by this Court by pointing out that resolution dated 27.11.2015 was contrary to the directions of the BIFR in its order dated 18.2.2009. However, the petitioners did not point out that BIFR had already sanctioned the scheme on 17.7.2013 after taking into consideration the order dated 18.2.2009 and subsequent various orders passed from time to time - It appears that thereafter, petitioners have tendered their resignations on 4.2.2015 which is suppressed by the petitioners. The petitioners have also suppressed about the appointments of respondents nos. 1 and 2 as directors way back in 2007 and 2009. The petitioners have also suppressed the fact of execution of shareholders agreement, indemnity bond and personal guarantees on 27.9.2007 in favour of respondents nos. 1 and 2. Thus it is apparent that the petitioners have not come with clean hands before the Court. In the facts of the present case as there is active suppression on part of the petitioners, the decision of the Jharkhand High Court in case of MUNNAM SANJAY AND ORS. VERSUS THE STATE OF JHARKHAND AND ORS. [2019 (1) TMI 1779 - JHARKHAND HIGH COURT] relying upon various decisions of the Supreme Court would be applicable wherein it has been held It is thus evident that it is the duty of the litigant to approach the Court at equity with clean hand and it is not available to him that which fact is to be disclosed and which fact is not to be disclosed rather his duty is only to approach the court of law by complete disclosure at each and every fact and it is upon the court to decide which fact is necessary to be accepted and which is not necessary to be accepted. This writ petition deserves to be dismissed only on the ground of suppression of material facts - When the petitioners have not come with clean hands before the Court and have suppressed the material facts, the petitioners are not entitled to any relief under Articles 226 and 227 of the Constitution of India. Moreover, the petitioners have also suppressed that BIFR was functional when the interim order was passed by this Court. Petition dismissed.
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