1999 Supreme(Bom) 274
S.S.NIJJAR
Agarwal Industries Ltd. – Appellant
Versus
Golden Oil Industries (P) Ltd – Respondent
JUDGMENT - S.S. NIJJAR, J.:---Inspite of the courts repeatedly stating and reaffirming the principle that it is the duty of a party asking for an injunction to bring to the notice of the Court all facts material and relevant to the issue, the litigants continue in their efforts to obtain favourable orders from the Court, ex parte, without disclosing all material facts to the Court. This company petition is an ideal example of how an ex parte order was taken from this Court without mentioning the relevant facts which would be necessary for the decision of the winding up petition. As long ago as 1917 the Divisional Court and the Court of Appeal of England laid down solitary principles to be followed by the litigants while seeking equitable relief from the Court. These principles are laid down in the case of (The King v. The General Commissioners for the Purposes of the Income Tax Acts for the District of Kensington)1, reported in 1917 King's Bench Division page 486. Therein the following principles are laid down by Viscount Reading, C.J. :--
"Before I proceed to deal with the facts I desire to say this : where an ex parte application has been made to this Court for a rule nisi or oth
Click Here to Read the rest of this document