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TMI Blog2021 (9) TMI 934X X X X Extracts X X X X X X X X Extracts X X X X ..... o take action under the Income Tax Act in respect of alleged tax evasion set out to the appellant under the Tax Informant Scheme. 3. The genesis of the present writ appeal is the merger of three companies namely M/s. Vidya Investment and Trading Company Private Limited, M/s. Regal Investment and Trading Company Private Limited and M/s. Napean Trading and Investment Company Private Limited. The merger of all these companies took place on account of the order passed by this Court. The appellant herein/petitioner in the writ petition, contended before the learned Single Judge that a fraud was played by the respondents in the matter of merger and earlier, a PIL was preferred by the appellant i.e. W.P. No.3635/2020 on the same subject matter. Thereafter, the PIL was withdrawn by the appellant on 01.10.2020 without availing liberty to file a fresh writ petition. The appellant thereafter preferred a writ petition i.e. W.P. No.172/2021 under Article 226 of the Constitution of India and the learned Single Judge has dismissed the aforesaid writ petition by his order dated 12.02.2021, against which a writ appeal i.e. W.A. No.307/2021 was preferred. This Court has also dismissed W.A. No.307/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Petitioner are dealt with by appropriate action under law including but not restricted to Sections 132, 132A and 147 of the Income Tax Act as required to protect the interest of revenue. (b) issue a writ of mandamus or any other appropriate writ, order or direction, directing to complete the actions under the Income Tax Act in respect of the Tax Informant Information Cases 1/2020 to 5/2020 in a time bound manner and to report the progress of the same periodically to this Hon'ble Court till the finalization of the Assessment so that this Hon'ble Court can monitor the same. Interim relief (c): Pending the constitution of the Multi Disciplinary Investigation team direct the 6th to 10th Respondents to furnish to this Hon'ble Court the status report on the actions taken on the complaints of the Petitioner to each of them. (c) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st Respondent to permit the Petitioner under Section of the Income Tax Act to prosecute the 2nd to 7th Respondents and their Directors in respect of the offences under the Income Tax Act connected with the Tax Evasion set out in Cases 1/2020 to 5/2020 of the Petitioner u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have been siphoned on account of the merger of three companies. This Court really fails to understand as to how in case of merger of three private companies, the funds of Government of India have been siphoned. On the contrary, on account of the order passed by the High Court of Delhi, the Central Government has passed an order dated 10.11.2017 and the same makes it very clear that the Government of India was not having any stake in the three amalgamating companies. The High Court of Delhi in its recent order dated 01.03.2021 passed in LPA No.89/2021 has imposed costs upon the appellant. The appellant has filed the private complaints against Azim Premji Group of Companies and also approached NCLT under Sections 241, 242 and 244 of the Companies Act in CP No.15/2017 and the same was dismissed by the NCLT on 25.09.2017. An appeal was preferred before the NCLAT and the NCLAT in Company appeal (AT) No.362/2012 has passed an order dated 07.02.2018 dismissing the appeal with costs of Rs. 2.00 lakhs. 15. Learned Counsel for respondent Nos.2 to 5 have contended that in spite of repeated imposition of costs, valuable time of this Court has been wasted by the present appellant. A large nu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt should be left in no doubt about the consequences to follow. Others should not venture along the same path in the hope or on a misplaced expectation of judicial leniency. Exemplary costs are inevitable, and even necessary, in order to ensure that in litigation, as in the law which is practised in our country, there is no premium on the truth. 14. Courts across the legal system - this Court not being an exception - are choked with litigation. Frivolous and groundless filings constitute a serious menace to the administration of justice. They consume time and clog the infrastructure. Productive resources which should be deployed in the handling of genuine causes are dissipated in attending to cases filed only to benefit from delay, by prolonging dead issues and pursuing worthless causes. No litigant can have a vested interest in delay. Unfortunately, as the present case exemplifies, the process of dispensing justice is misused by the unscrupulous to the detriment of the legitimate. The present case is an illustration of how a simple issue has occupied the time of the courts and of how successive applications have been filed to prolong the inevitable. The person in whose favour t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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