2003 (3) TMI 132

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....003 whereby the order dated 14th August, 2002 passed by the Joint Secretary to the Government of India was stayed. It was contended before the Court that in terms of Section 129DD(b) of the Customs Act, 1962 the petitioner was not given notice of the revision filed by the applicant against the order of the Commissioner of Customs (Appeals) and as such the impugned currency was released to the appl....

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....ble objections he will the currency released in compliance with the order passed in Revision Petition on or before the next date. Renotify on 10-2-2003. Dasti." 3.The present petition has been filed by the petitioner on 28th January, 2003. The petitioner has concealed the fact that the applicant has already filed the aforesaid CWP No. 8002/2002 and obtained the interim order. 4.Reply t....

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....tigation" cannot be pressed to the extent of such an absurdity that it becomes an engine of fraud in the hands of dishonest litigants. The Court of law are meant for imparting justice between the parties. One who comes to the Court, must come with clean hands. A person, whose case is based on falsehood, has no right to approach the Court. He can be summarily thrown out at any stage of the litigati....

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....red CWP No. 8002/2002. The petitioner has thus abused the process of the Court by not disclosing the material facts. The petitioner is, therefore, guilty of suppression. 9.Suppression of material fact by itself is a sufficient ground to decline the discretionary relief. A party must approach the Court with clean hands and disclose all material facts which may in one way or the other have direct....