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Issues: Whether relief under Article 226 of the Constitution of India should be refused where the petitioner admits liability but seeks to resist recovery through writ proceedings.
Analysis: The liability as guarantor was not in dispute, and the appellant had failed to discharge the amount despite opportunity. In writ jurisdiction, relief is discretionary, and the Court may decline interference where granting relief would defeat the interests of justice or enable a petitioner to secure an unfair advantage. On the facts, the attempt was to avoid payment of an admitted liability through the extraordinary jurisdiction of the High Court.
Conclusion: Relief under Article 226 was rightly refused, and the appeal failed.
Final Conclusion: A petitioner cannot invoke writ jurisdiction to evade an admitted monetary liability, and discretionary relief may be denied where interference would perpetuate an unjust gain.
Ratio Decidendi: The extraordinary writ jurisdiction is discretionary and may be refused when its invocation would defeat justice by enabling a party to avoid an admitted liability or obtain an unjust advantage.