Kashmir Impulse Desk
Srinagar, Sep 18
The High Court of Jammu and Kashmir and Ladakh has imposed costs of Rs 10,000 on a petitioner after finding that he had failed to disclose a pending recovery suit involving substantially the same claim.
Justice Wasim Sadiq Nargal dismissed the petition filed by Nazir Ahmad Mir, proprietor of Mir Electricals, who had sought payment of an alleged outstanding amount along with interest.
The respondents told the court that Mir had already filed a recovery suit before a designated Commercial Court in Srinagar seeking Rs 24.06 lakh plus interest and other reliefs.
The court said the earlier proceedings had not been disclosed in the writ petition.
It held that a person invoking the court’s extraordinary jurisdiction must disclose all material facts and approach the court with clean hands.
The court said allowing parallel proceedings could lead to multiple cases over the same claim and amounted to an abuse of the judicial process.
Mir was directed to deposit the costs with the High Court registry within two weeks.
