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of <h1>SC upholds dismissal of Union's Special Leave Petition under Article 136 despite prior HC order compliance and fact suppression</h1> <h3>UNION OF INDIA & ORS. Versus ZYDUS WELLNESS PRODUCTS LTD</h3> The SC held that the Special Leave Petition filed by the Union is maintainable despite prior compliance with the HC order and alleged suppression of ... Maintainability of SLP - order of the High Court has been duly complied with way back on 21.03.2025 without reserving any right to challenge the same before a higher forum - suppression of facts or not - HELD THAT:- The petition of the Union cannot be dismissed as not maintainable. However, on examination of the merits of the case and taking into account the reasons recorded by the Division Bench of the High Court, we do not find a good ground to interfere with the impugned order in exercise of our jurisdiction under Article 136 of the Constitution of India. The Special Leave Petition is, accordingly, dismissed. The Supreme Court addressed a preliminary objection challenging the maintainability of a Special Leave Petition (SLP) against a High Court order, contending that the order had been complied with earlier without reserving the right to appeal. The petitioner was also accused of suppression of material facts, specifically that the order had already been executed before the SLP was filed, potentially affecting the exercise of discretionary jurisdiction. The petitioner argued that mere compliance with a court direction does not forfeit the right to seek higher forum intervention, as setting aside the order could lead to restitution. The Court acknowledged that suppression of material facts can bar discretionary relief, but if the suppressed fact is immaterial to the merits, discretion may still be exercised. Ultimately, the Court held that the petition was maintainable but, upon examining the merits and the High Court's reasoning, found no sufficient grounds to interfere under Article 136 of the Constitution. The SLP was therefore dismissed, with all pending applications disposed of.
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