Advocates:
['SHRI P D DALVI', '', 'THE ADDL GOVT PLEADER', '', 'FOR &', 'R NO IS SERVED']

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE

APPELLATE SIDE

APPELLATE SIDE

WRIT PETITION NO. 1620 OF 1995

WRIT PETITION NO. 1620 OF 1995

WRIT PETITION NO. 1620 OF 1995

Proposed Lakshmi Mahila Unnati

Vividh Karyakari Sahakari Seva

Sanstha and another. ... Petitioners.

V/s.

State of Maharashtra and others. ... Respondents.

P.D.Dalvi for the petitioners.

S.D.Rayrikar, AGP for respondent Nos.1 & 2.

CORAM: V.C.DAGA, J.

CORAM: V.C.DAGA, J.

CORAM: V.C.DAGA, J.

DATED: 22nd July 2008.

DATED: 22nd July 2008.

DATED: 22nd July 2008.

P.C.:

P.C.:

P.C.:

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. Heard learned counsel for the rival parties.

2. This petition is directed against the

order/intimation dated 22nd September, 1994 permitting

the proposed respondent No.3 Society to open bank

account for being registered as co-operative society

pursuant to the Government Circular dated 12th

September, 1994 incorporated at Exh."A", page-11 of

the petition.

3. In para-5 of the petition, a specific

allegation is made against respondent No.3 that as per

the information obtained the antedated order was

passed by respondent No.2 in favour of respondent

No.3. The reference is made to the zerox copy of the

order, said to be available with the petitioner,

showing overwriting and conversion of the date from

22.9.94 to 27.9.94. On being asked to produce the

zerox copy, learned counsel for the petitioner

expressed his inability to produce the same. As such,

the statement made in the petition turned out to be

the false and misleading statement. In that view of

the matter, petition is liable to be dismissed for

having made false and misleading statement to seek

favourable order. Such a petition is liable to be

thrown out in view of the Apex Court judgment in the

case of S.P.Chengalvaraya Naidu v. Jagannath

S.P.Chengalvaraya Naidu v. Jagannath

S.P.Chengalvaraya Naidu v. Jagannath, AIR

1994 SC 853; wherein the Apex Court has observed as

under:

" The Courts of law are meant for

imparting justice between the parties. One

who comes to the court, must come with clean

hands. It can be said without hesitation that

a person whose case is based on falsehood has

no right to approach the Court. He can be

summarily thrown out at any stage of the

litigation. A litigant, who approaches the

court, is bound to produce all the documents

executed by him which are relevant to the

litigation. If he withholds a vital document

in order to gain advantage on the other side