Practice and Procedure – Parallel proceedings – Nondisclosure – Application by the appellant for restraining respondents from setting up a petrol pump, as also challenged the NOC issued by the Collector – Application as also review petition dismissed by the tribunal – Appeal before this Court – Objections by the respondents that the appellants have suppressed the initiation of parallel proceedings before the High Court – Scope of proceedings before the tribunal and the High Court – Determination:
Held: Having considered the grounds and relief sought in the original application filed before the tribunal and having contrasted it with the grounds and prayers in the writ petition filed subsequently, when the present civil appeals were pending, it is clearly discernible from the pleadings that there is an overlap and parallel challenges to the same NOC – Appellants suppressed the necessary facts and there is reason to believe that the proceedings before tribunal were initiated to subserve business interest of the appellants – Even assuming that the scope and ambit of challenge is distinct, which they are not, the appellants could have done and infact should have informed this Court about initiation of the fresh proceeding challenging the NOC before the High Court, particularly when the civil appeals are pending consideration – Appeals dismissed with costs of Rs.50,000/- imposed on the appellants. [Paras 19, 21]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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