9911796707
TMI Blog2024 (10) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... that whether the same was material for grant or denial of the relief. It appears that learned Single Judge was of the opinion that in case, the said fact was brought to the notice of the Court, the order dated 22.02.2024 ordering for the verification of premises by the Authorities would not have been passed. Though it is no doubt true that the above fact of a fresh registration was relevant in view of the order of verification passed by the learned Single Judge, the fact of said registration cannot be said to be material so as to affect the determination of the lis between the parties. The order impugned passed by the learned Single Judge cannot be sustained. The writ petition is allowed. - HON'BLE ARUN BHANSALI, CHIEF JUSTICE AND HON ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AM. It was further directed that no further communication was required to be made to the appellant and ordered that matter be listed on 29.02.2024. 5. When the matter came up before the Court on 29.02.2024, it was submitted on behalf of counsel for the respondents that there has been suppression of material fact as the appellant had not revealed before the Court that a new registration was obtained by it subsequent to cancellation of the earlier registration. On the said submissions, learned Single Judge was of the view that having obtained a new registration was a material fact that should have been brought into the knowledge of the Court and the Court was hoodwinked by the appellant in passing an order for verification of the premises by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : Civil Appeal No. 6033 of 2009, decided on 04.07.2023 by Hon ble Supreme Court. 7. Learned counsel for the respondent submits that the cancellation took place on 19.12.2023 and new registration was obtained on 05.03.2023. The appeal was rejected on 27.03.2023 and the writ petition was filed on 16.04.2023. However, the fact of having obtained a fresh registration was not disclosed before the Court. Further, the order passed by learned Single Judge seeking verification was passed on 22.02.2024. Even till that time, the fact was not brought to the notice of the Court, which clearly amounts to suppression of material fact and therefore, the learned Single Judge was justified in dismissing the petition. Further submissions have been made that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iscretionary jurisdiction of the court cannot be allowed to approach it with a pair of dirty hands. But even if the said dirt is removed and the hands become clean, whether the relief would still be denied is the question. 11. Hon ble Supreme Court observed that to enable the Court to refuse to exercise its discretionary jurisdiction, the suppression must be of material fact and it has been further indicated that material fact would mean material for the purpose of determination of lis, the logical corollary whereof would be that whether the same was material for grant or denial of the relief. 12. In the present case, though learned Single Judge has observed that having obtained a new registration was a material fact, as to what was its eff ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
