HC dismissed petition concerning illegal share transfer dispute. ...

Share Transfer Dispute Petition Dismissed Due to Prior Litigation Bar and Suppression of Facts Under Article 226

March 5, 2025

Case Laws Companies Law HC

HC dismissed petition concerning illegal share transfer dispute. Court found petition barred by constructive res judicata under Henderson principle, as issues could have been raised in previous litigation. Petitioners suppressed material facts regarding prior litigation, violating duty of candor under Article 226. Court noted abuse of process through forum shopping and parallel proceedings. Being a disputed question of fact, writ jurisdiction deemed inappropriate given Companies Act's self-contained nature. Court emphasized that writ remedy is equitable, requiring clean hands, and condemned petitioners' pattern of relentless litigation aimed at oppressing respondent company. Petition dismissed with stern warning against future abuse of process.

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HC dismissed petition concerning illegal share transfer dispute. ...

Share Transfer Dispute Petition Dismissed Due to Prior Litigation Bar and Suppression of Facts Under Article 226

March 5, 2025

Case Laws Companies Law HC

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