Uttarakhand High Court
WPMS/2876/2021 of M/S G S FLOUR MILL THROUGH ITS PROPRIETOR Vs THE U C O BANK BRANCH KASHIPUR on 31 December 2021
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No.2876 of 2021 Hon’ble Sharad Kumar Sharma, J. Mr. Akshay Joshi, Advocate for the petitioners. Mr. Subhang Dobhal, Advocate for respondent
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|**SL.**<br>**No**|**Date**|**Office Notes, reports,**<br>**orders or proceedings**<br>**or directions and**<br>**Registrar’s order with**<br>**Signatures**|**COURT’S OR JUDGES’S ORDERS**| |---|---|---|---| ||||WPMS No.2876 of 2021<br>**Hon’ble Sharad Kumar Sharma, J.**<br>Mr.<br>Akshay<br>Joshi,<br>Advocate<br>for<br>the<br>petitioners.<br>Mr.<br>Subhang<br>Dobhal,<br>Advocate<br>for<br>respondent no.1.<br>Mrs. Anjali Bhargawa, Addl. C.S.C. for the<br>State of Uttarakhand.<br>As against the same cause of action i.e. as<br>against the order which was passed by the District<br>Magistrate on 23.01.2020, while exercising his<br>powers under Section 14 of the SARFAESI Act, the<br>petitioners had filed the first writ petition being<br>**Writ Petition (M/S) No.448 of 2020**, which was<br>dismissed by the Coordinate Bench of this Court by<br>the<br>judgment<br>of<br>24.02.2020,<br>directing<br>the<br>petitioners to approach the DRT under Section 17<br>of the Act.<br>The petitioners being aggrieved, against the<br>said order had preferred a special appeal, being<br>**Special Appeal No.89 of 2020,**which was also<br>dismissed by the Division Bench, vide its judgment<br>of 24.06.2020.<br>It was thereafter the petitioners have<br>preferred another writ petition being Writ Petition<br>(M/S) No.2487 of 2021, which was dismissed as<br>withdrawn.<br>This is the third writ petition for the same<br>relief where a challenge has been yet again given to<br>the order of 23.01.2020 which was passed by the<br>District Magistrate under Section 14 of SARFAESI<br>Act and almost the relief sought for is verbatim<br>same.<br>Such type of a practice cannot be permitted<br>to be perpetuated particularly in a writ jurisdiction<br>where the pleadings are only dependent upon the<br>affidavits, which are sworn by the litigants before<br>the Court. The trail of trust by the petitioners by<br>consecutively filing a writ petition, before the Court<br>and without disclosingthe true,complete and|
||||correct facts and particularly by not annexing the<br>earlier orders, which has been passed in their writ<br>petitions, by the Court will amount to be an unfair<br>practice, on part of the petitioners with an deliberate<br>intention to mislead the Court.<br>In that eventuality, while dismissing this writ<br>petition I impose a cost of Rs.25,000/- on<br>petitioners to be deposited in the ‘High Court Bar<br>Association Advocates Welfare Fund’ within a<br>period of ten days from today.<br>If the amount is not deposited within the<br>aforesaid period, the District Magistrate, Udham<br>Singh Nagar will recover the amount from the<br>petitioner as arrears of Land Revenue.<br>The Registry is directed to supply the copy of<br>this judgment to the District Magistrate, Udham<br>Singh Nagar, for necessary action and compliance.<br>The<br>writ<br>petition<br>stands<br>dismissed<br>accordingly.<br> <br> **(Sharad Kumar Sharma, J.)**<br> 31.12.2021<br>Arti| |---|---|---|---|