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1993 Supreme(SC) 1033

A.M.AHMADI, K.RAMASWAMY
S. B. Mathur – Appellant
Versus
Matti Ullah – Respondent


ORDER

1. Special leave granted.

2. We have heard counsel on both sides. We find that the petitioner filed a writ petition in the High Court of Delhi, being Civil Writ Petition No. 694 of 1991, and sought an interim order against the proposed transfer. The High Court merely issued notice but did not grant any interim order. While that petition was pending the petitioner thereafter filed another writ petition in the High Court of J & K without disclosing the fact of pendency of the writ petition in the Delhi High Court. After he got the desired interim order he withdrew his writ petition in the Delhi High Court stating the circumstances in which he filed the petition in the J & K High Court. Even what he has stated in the petition would not justify the suppression of the material fact that his petition in the Delhi High Court was pending and that the said High Court had refused to grant any interim order. In the above circumstances we stay the impugned order of the J & K High Court and direct the petitioner to move the J & K High Court for orders after bringing these facts to its notice. The High Court may then pass appropriate orders in the J & K High Court. We do hope that the High C


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