RAM AVTAR AGARWAL Vs. SUPRETENDENT ENGINEER BRM

JUDGEMENT

(1.) (a) To quash and set aside the order of the Appellate Committee dismissing the petitioner's appeal;

(2.) A person invoking an equitable extra ordinary jurisdiction under Art. 226 should come with clean hands and should not conceal the material facts. where the petitioner has made improper use of a regular legal process by which an unfair advantage is obtained by him to the proceedings over the respondents.

(3.) We are afraid that the appellant did not approach the Delhi High Court with clean hands if the intention of obtaining the stay was to avoid the disqualification under Sec. 267 of the Companies Act. That is why we have said that a litigant cannot play hide and seek with the Court and must approach the Court candidly and with clean hands. It would have been so if the intention of the appellant in obtaining the interim stay was to avoid the disqualification he was likely to incur by thrust of Sec. 267 of the Companies Act. It was his intention that he was clearly trying to hookwick the Court by supressing it instead of coming clean.