1993 Supreme(SC) 1033

SUPREME COURT OF INDIA
BEFORE A.M. AHMADI AND K. RAMASWAMY, JJ.
S.B. MATHUR, THE RESIDENT COMMISSIONER AND ANOTHER
Versus
MATTIULLAH
Civil Appeal No. 6095 of 1993,
Decided on 1-11-1993

Disclosure of material facts is crucial in seeking interim orders from courts, and suppression of such facts can lead to adverse consequences.

Headnote:

Interim Order - Writ Petition - Suppression of Material Fact

Fact of the Case:

The petitioner filed a writ petition in the High Court of Delhi seeking an interim order against a proposed transfer. While that petition was pending, the petitioner filed another writ petition in the High Court of J & K without disclosing the pendency of the Delhi High Court petition. After obtaining the desired interim order from J & K High Court, the petitioner withdrew the Delhi High Court petition, citing circumstances for filing the petition in J & K.

Finding of the Court:

The court found that the petitioner suppressed the material fact of the pendency of the Delhi High Court petition and the refusal of an interim order by that court. The impugned order of the J & K High Court was stayed, and the petitioner was directed to bring the facts to the notice of the J & K High Court for appropriate orders.

Issues: Suppression of material fact, Interim order, Writ petition

Ratio Decidendi: The court emphasized the importance of disclosing material facts and the consequences of suppressing such facts in seeking interim orders from different courts.

Final Decision: The impugned order of the J & K High Court was stayed, and the petitioner was directed to move the J & K High Court for orders after bringing the suppressed facts to its notice.