Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (12) TMI 44 - HC - Indian LawsSuppression of facts from the Court - Seeking permission to withdraw the petition - it is alleged that the petition suffers from serious suppression of facts - scope of ‘any person’ as per Section 17(1) of the Securitization Act - HELD THAT:- This is trite that a litigant must approach the Court with clean hands, clean heart, clean mind and clean objective. This is settled that if a litigant has approached the court with a pair of dirty hands, the petition may be dismissed on this count alone. In other words, the petitioner does not have any right whatsoever to get a hearing on merits from this Court because of such conduct of suppression of material fact. Apart from this, contempt proceedings can also be initiated for suppression of facts. A plain reading of requirement of declaration as per High Court Rules leaves no room for any doubt that petitioner was required to disclose about previously instituted proceedings relating to same subject matter instituted before any Court, Authority and Tribunal. This disclosure is essential in para-2 of the petition and in addition, it can be disclosed in remaining portion of the body of petition - since learned counsel in the previous rounds of litigation and in this litigation is same, it was all the more necessary and obligatory on the part of the petitioner to disclose the entire facts and history of previous rounds of litigation with accuracy and precision. In view of this conduct of petitioner, a sizable amount of precious time of court is being wasted. We deem it proper to observe that suppression of facts cannot be termed as ‘advocacy’. If a litigant discloses all the facts correctly and then able to convince the court, it can be treated as skill of advocacy. The litigation is neither a game of chess nor a hide and seek game but a search for truth and parties must place their cards on the table - it is deemed proper to dismiss this petition with exemplary cost. Petition dismissed with cost of Rs.50,000/- (Rupees Fifty Thousand Only).
|