Allahabad HC Imposes ₹1 Lakh Cost On Man For Making False Averments & Suppressing Material Facts In His Petition

The Allahabad High Court has imposed cost of Rs. 1 Lakh on man for filing plea making false averments and suppressing material facts.

The bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji was dealing with the plea seeking issuance of directions to respondent no.2 to restore the possession of the petitioner's factory machine that was seized.

Advocate Jahangir Haider appeared for the petitioner and Additional Chief Standing Counsel Amit Manohar appeared for Respondents.

The counsel for the petitioner submitted that the petitioner neither took any loan from M/s Hero Fincorp Limited nor mortgaged his property nor stood as guarantor for any one and yet, his machineries have been seized.

On being questioned the counsel for the petitioner stated that the loan was taken by petitioner’s wife. He further stated that the seized machineries belongs to M/s Umbrella Corporation which is a proprietorship concern of the petitioner and not of his wife.

The Court noted that the petitioner didn’t state in the plea that the machinery in question belongs to M/s Umbrella Corporation nor he has disclosed that the proprietor of M/s Zeb Designers is his wife nor he disclosed any GST registration of alleged M/s Umbrella Corporation.

The Court also noted that the petitioner hasn’t filed any document indicating registration of M/s Umbrella Corporation under the CGST/UPGST Act or under the Factories Act nor any proof of seized machinery belonging to him have been filed.

The Court observed that petitioner has very conveniently concealed material facts in the writ petition.

“…the writ petition has been filed making false averments and suppressing material facts.”, the Court noted.

The Court remarked that the petitioner approached the Court by suppressing and concealing material facts thus the writ petition deserves to be dismissed with cost.

“…the writ petition is dismissed with a cost of Rs. One lac which shall be deposited by the petitioner with the High Court Legal Services Committee within two weeks from today.”, the Court held.

Cause Title- Asif Khaliq v. State of U.P. & 2 Others

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