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1996 Supreme(All) 1410

IN THE HIGH COURT OF ALLAHABAD
B. M. LAL, R. K. MAHAJAN
BRIJ MOHAN RICE MILL - Appellant
Versus
REGIONAL MANAGER, UTTAR PRADESH FINANCIAL CORPORATION - Respondents
C. M. W. P. 2660 Of 1995
Decided On : 12/12/1996

Advocates Appeared:
PRADIP CHATTERJI, R.N.SHARMA

1. Petitioners are required to disclose any previous petitions filed on the same facts and the orders passed thereon, as per Rules of the Court, Chapter XXII, Rule 2. Failure to comply with this provision amounts to concealment of material facts. 2. The jurisdiction to decide particular subject matters is conferred on specific Benches by the Chief Justice, as per Rules of the Court, Chapter V, Rule 1. Any decision made by a Bench without proper jurisdiction is a nullity.

Headnote:

WRIT PETITION - MAINTAINABILITY - CONCEALMENT OF MATERIAL FACTS - FILING OF SUCCESSIVE PETITIONS - JURISDICTION OF BENCHES - RULES OF THE COURT - INTERPRETATION AND APPLICATION - LEGAL PRINCIPLES.

Fact of the Case:

Petitioner, a partnership firm, filed four writ petitions in the same matter of grant and recovery of loan by the Corporation, concealing the fact of filing previous petitions. The Corporation raised a preliminary objection that the petitions were not maintainable due to bench-hunting tactics and concealment of material facts.

Finding of the Court:

The Court held that the filing of successive writ petitions on the same facts without disclosing previous petitions and orders passed thereon amounted to concealment of material facts and filing of false affidavits. The Court further held that the jurisdiction to decide particular subject matters is conferred on specific Benches by the Chief Justice, and any decision made by a Bench without proper jurisdiction is a nullity.

Issues: 1. Whether the writ petitions were maintainable despite the concealment of material facts and filing of successive petitions. 2. Whether the Court had jurisdiction to decide the subject matter of the petitions.

Ratio Decidendi: 1. The Court relied on Rules of the Court, Chapter XXII, Rule 2, which requires petitioners to disclose any previous petitions filed on the same facts and the orders passed thereon. The Court held that this provision is mandatory and failure to comply with it amounts to concealment of material facts. 2. The Court relied on Rules of the Court, Chapter V, Rule 1, which empowers the Chief Justice to constitute Benches and allocate work to them. The Court held that any decision made by a Bench without proper jurisdiction is a nullity.

Final Decision: The Court dismissed all the petitions with costs, holding that they were not maintainable due to concealment of material facts and filing of successive petitions. The Court also held that the subject matter of the petitions was not within its jurisdiction.

B. M. LAL, J.

( 1 ) BOTH these petitions being based on the similar facts and law are being disposed of by this common judgment.

( 2 ) M/s. Brij Mohan Rice Mill (hereinafter referred to as the Unit) is a partnership firm registered under the Partnership Act. Sri Gyan Singh son of Sri Kandhai Lal, Prem Singh son of Sri Brij Mohan, Smt. Indira Devi wife of Sri Brij Mohan and Smt. Pan Kumari daughter of Sri Manohar Singh are partners of the unit. It appears that the Unit was sanctioned a loan of Rs. 14-50 lacs on 2-4-1988 by the U. P. Financial Corporation (for short the Corporation) but later on it was cancelled by the Managing Director of the Corporation on 14-9-1988. Thereafter by order dated 27-2-1991 the Managing Director revived the loan and ultimately on 13-8-1991 agreement was executed between the parties. As per the terms and conditions of agreement the loan amount does not seem to have been paid to the Corporation, therefore, the Corporation issued notice dated 12-8-94 under S. 29 of U. P. Financial Corporation Act. However, petitioner made certain deposits towards the loan but entire amount due was not paid to the Corporation as per the terms and conditions of the agreement. Ultimately for recovery of loan auction proceedings have been initiated against the unit. Hence these petitions.

( 3 ) LEARNED counsel for the respondent Corporation raised preliminary objection that these petitions as framed and filed are not maintainable in as much as in the matter of grant and recovery of aforesaid loan petitioner has filed as many as four writ petitions concealing the fact of filing previous petition in the subsequent petitions and left no stone unturned to get desired orders from this Court on one pretext or the other, in one petition or the other, through one counsel or the other which amounts to bench hunting tactics.

( 4 ) LEARNED counsel for the Corporation further contended that writ jurisdiction of this Court is a discretionary jurisdiction and since the petitioner has not approached this Court with clean hands hence he does not deserve the exercise of discretion in his favour and therefore, writ petitions are liable to be dismissed. Learned counsel for the petitioner contended that different writ petitions have been filed for different reliefs at different stages in accordance with the Rules of the Court therefore, writ petitions are maintainable.

( 5 ) LEARNED counsel further contended that since entire loan amount sanctioned to the petitioner was not paid to the unit hence the unit is not liable to repay the entire amount shown to be due against it and therefore, entire recovery proceedings including auction of the unit are without any authority of law and consequently are liable to be quashed.

( 6 ) WE have sent for the record of all the writ petition filed by the petitioner in the matter of grant and recovery of the loan in question and perused the same.

( 7 ) HERE it may be made clear that petition filed by any of the partners for and on behalf of the partnership firm is to be deemed to have been filed by the firm irrespective of the fact that once the petition is filed by partner A and then B and thereafter by C, if partners A. B. and C are partners till the date of filing of petition. Petitioner first filed writ petition No. 12517 of 1992, M/s. Brij Mohan Rice Mill v. Regional Manager U. P. F. C. , thereafter filed writ petition No. 2660 of 1995, M/ s Brij Mohan Rice Mill v. Regional Manager UPFC, then filed third writ petition No. 37850 of 1995, Prem Singh (Partner of the Firm) v. Regional Manager UPFC and thereafter filed 4th writ petition No. 5286 of 1996, Gyan Singh (Partner of the Firm) v. Regional Manager UPFC, in the same matter of grant and recovery of loan by the Corporation.

( 8 ) IT is relevant to mention that first three petitions have been filed through Sri R. N. Sharma, same counsel for the petitioner whereas fourth petition is filed through Sri Satya Prakash, learned counsel. In the first petition n




































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