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2020 Supreme(Guj) 526

VIKRAM NATH, ASHUTOSH J.SHASTRI
IDMC Erstwhile Indian Dairy Machinery Company Limited – Appellant
Versus
Mohini Pessuram Tilwani – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr K M Patel, Senior Advocate Assisted by Mr. DG Chauhan And Ronak D Chauhan
For the Respondent:Mr Yatin Oza, Senior Advocate Assisted By Mr. MN Marfatia

JUDGMENT :

VIKRAM NATH, J.

1. Truth is the foundation of justice and that dispensation of justice, based on truth, is an essential feature in the justice delivery system. Truth is a mirage. It rests in the recesses of the human mind. What emerge are actions driven by the perplexities of emotion, judgment and perceptions. Examined on the touchstone of the justice, Courts evaluate facts as they emerge on record, proceeding to uphold or set aside these actions through judicial appraisal. It is not for Courts to unravel the complexities of the human mind. Suffice it to say that both the petitioner and the respondents have spoken half truths.

1.1 Parties to any litigation before a court should not harbour the misconception that since the statue of Lady Justice has blindfolded, the justice system turns a blind eye to acts like pre-variation, motivated falsehoods, collusion and the like. Using truth as a guiding star in the entire judicial process, is our mandate, obligation and bounden duty.

2. The present case apparently is riddled with complexities. After unraveling the voluminous records produced by both the parties, we believe that we have been able to discern the truth. Both the parties

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