Petition dismissed as not maintainable; held collateral delay attempt, mala fide; petitioner ordered to pay Rs.2,00,000 costs
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....The HC dismissed the petition as not maintainable and awarded costs of Rs.2,00,000 payable by the petitioner to the respondent within four weeks. The court held the claim for release/provision of originals seized during searches was impermissible because identical relief had already been granted by the Apex Court and there is no allegation of non-compliance nor any fresh cause of action. The petition was characterised as a collateral attempt to delay adjudication; reliance on statutory-document preparation by officers was rejected. The court noted the respondents had relied on statements of eleven witnesses, all produced in adjudication and already cross-examined by the petitioner, and found the petition misconceived and filed with mala fides.....
TaxTMI