Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: (i) Whether the order directing execution of the production warrant was an interlocutory order and therefore not revisable. (ii) Whether the proceedings reflected forum shopping or suppression of material facts so as to justify dismissal with compensatory costs.
Issue (i): Whether the order directing execution of the production warrant was an interlocutory order and therefore not revisable.
Analysis: The challenge was confined to an order permitting execution of the production warrant. The order did not determine the petitioner's substantive rights or liabilities and merely facilitated compliance with the warrant in the absence of any stay order from any court. On that basis, it was treated as interlocutory in nature and outside revisional interference.
Conclusion: The challenge to the order was held not maintainable in revision.
Issue (ii): Whether the proceedings reflected forum shopping or suppression of material facts so as to justify dismissal with compensatory costs.
Analysis: The petitioner had pursued successive proceedings in different forums to resist execution of the production warrant, while the record showed no subsisting stay against the warrant. The Court treated the course adopted as an attempt to obstruct the process of court and as a clear instance of forum shopping. In view of that conduct, compensatory costs were considered warranted.
Conclusion: The petitioner was found to have indulged in forum shopping and was saddled with compensatory costs.
Final Conclusion: The revision failed, the interim relief sought could not survive, and the petitioner was directed to pay compensatory costs for pursuing successive proceedings to thwart execution of the production warrant.
Ratio Decidendi: A purely interlocutory order that does not determine substantive rights is not revisable, and successive proceedings in different forums to obstruct execution of a judicial process may amount to forum shopping warranting compensatory costs.