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P&H HC imposes cost on plea intended ‘only for interim order’

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New Delhi: The Punjab and Haryana High Court while dismissing the Writ Petition imposed the exemplary cost of Rs. 1 Lakh to be deposited by the Petitioners in the PM-CARES Fund.

The counsel appearing for the Petitioners contended that the Petitioners were disqualified from acting as Directors in a company- respondent.

The counsel appearing for the Union of India through a video conferencing stated that both the petitioners are residents of Mumbai and the company- respondent, from which the petitioners were disqualified to act as Directors, is also registered with the Registrar of Companies, Mumbai. The Registrar of Companies, Punjab, and Chandigarh has no connection with the present case and this Court has no jurisdiction to entertain the present writ petition.

The counsel for the Petitioners has been unable to show how the present Writ Petition was maintainable before the Court. 

The Single-Judge Bench of Justice Alka Sarin said, “In the present case the counsel for the petitioners has been unable to show as to what part of the cause of action arose within the territorial jurisdiction of this Court. There is also no averment in the present writ petition as to how any part of the cause of action had arisen within the territorial jurisdiction of this Court.”

The Court further observed that the Writ Petition seems to have been filed only to gain the benefit of the interim order passed by this Court in the case of ‘Gurdeep Singh & Ors. Vs. Union of India & Anr.’ and other similar cases through the initiation of the Writ proceedings before this High Court was clearly unsustainable and an abuse of jurisdiction. The filing of the present Writ Petition before this High Court was not bonafide.

Read Also: P&H HC asks Centre to reconsider its ban on import of used ventilators

Therefore, in the light of above observation the Court has dismissed this Writ Petition imposing exemplary cost to the Petitioners.

Read the order here;

CWP-11209-2020-04-08-2020-FINAL-ORDER

-India Legal Bureau

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