Maintainability and discretionary relief principles: compliance with an order and non-material suppression did not bar challenge, but Article 136 interference was refused.

Prior compliance with an impugned order does not by itself bar a challenge before a higher forum, especially where reversal may still permit restitution. Alleged suppression of facts warrants denial of discretionary relief only if the withheld fact is material and affects the merits; a non-material omission is not enough to defeat maintainability. On the merits, however, the Court found no sufficient ground to exercise Article 136 jurisdiction and declined to interfere with the High Court's order, leaving it undisturbed.

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Issues: (i) Whether the special leave petition was liable to be dismissed as not maintainable because the impugned order had already been complied with. (ii) Whether alleged suppression of facts by the petitioner justified denial of discretionary relief. (iii) Whether interference with the impugned order was warranted under Article 136 of the Constitution of India.

Issue (i): Whether the special leave petition was liable to be dismissed as not maintainable because the impugned order had already been complied with.

Analysis: Prior compliance with an order does not, by itself, amount to waiver of the right to challenge it before a higher forum, particularly where reversal of the order may invite restitution.

Conclusion: The special leave petition was not held to be non-maintainable on this ground.

Issue (ii): Whether alleged suppression of facts by the petitioner justified denial of discretionary relief.

Analysis: Suppression disentitles a litigant to discretionary relief only when the withheld fact is material and bears on the merits of the case; a non-material omission does not necessarily bar relief.

Conclusion: The alleged suppression was not treated as a sufficient basis to reject the petition on maintainability alone.

Issue (iii): Whether interference with the impugned order was warranted under Article 136 of the Constitution of India.

Analysis: On consideration of the merits and the reasons recorded by the High Court, no good ground was found to exercise jurisdiction under Article 136 in favour of the petitioner.

Conclusion: Interference with the impugned order was declined and the petition was dismissed.

Final Conclusion: The petition survived the preliminary objections on maintainability, but the Court declined to interfere on merits, leaving the impugned order undisturbed.

Ratio Decidendi: Compliance with an order does not necessarily extinguish the right to challenge it, and suppression bars discretionary relief only when the withheld fact is material to the merits; absent a ground for interference, relief under Article 136 may be refused.

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