*Imposes Rs 20,000 cost for suppression of facts
Excelsior Correspondent
JAMMU, Sept 25: Stressing that transparency and honesty in pleadings are non-negotiable, the High Court of Jammu and Kashmir and Ladakh presided over by Justice Wasim Sadiq Nargal has imposed Rs 20,000 cost on M/s S K Project and M/s S A Project for suppression of facts and abusing the process of law.
The petitioners, led by proprietor Tariq Hussain Sheikh, claimed that respondent Hindustan Construction Company (HCC) withheld payments of Rs 14.27 lakh and Rs 9.62 lakh, in addition to other dues. They argued that despite completion of the subcontracted works, the amounts were wrongfully withheld.
They further contended that they had earlier withdrawn a writ petition in 2014 based on assurances from HCC that payments would be released, but no such payments followed.
Senior Advocate Raman Sharma, appearing for HCC, rebutted the claim, stating the earlier writ petition of 2014 was dismissed as not maintainable and not withdrawn on any assurance. “The petitioners had suppressed this dismissal order while re-filing a fresh petition on the same grounds. Filing the case after 10 years on identical grounds amounted to abuse of process of court”, he added.
After reviewing the record, Justice Wasim Sadiq Nargal observed, “the petitioners deliberately suppressed material facts to mislead the court. They falsely projected that the earlier case was withdrawn on assurances, whereas it was actually dismissed as not maintainable”.
“The litigants must approach courts with clean hands, without concealing facts. Any attempt to withhold or distort facts undermines judicial fairness and vitiates the entire proceeding”, the High Court said citing Supreme Court judgment in Dnyandeo Sabaji Naik Versus Pradnya Prakash Khadekar wherein it has been reiterated that litigants who misuse court process must face stringent consequences and exemplary costs.
The High Court recalled its own 2024 decision (Satpal Sharma Vs State of J&K), where petitioners faced Rs 50,000 costs for suppression of facts. It reinforced that courts cannot tolerate concealment as it erodes public confidence in justice delivery.
“Thus, in the light of the law laid down by the Apex Court and also by various High Courts including this Court on such like matters, it can safely be held that transparency and honesty in pleadings are non-negotiable. The judicial system relies on the good faith of parties, and any deviation in the form of suppression of material facts invites stringent consequences, including dismissal of the petition and imposition of costs”, Justice Nargal said, adding “this approach ensures that justice is administered in an environment of trust and fairness, safeguarding the dignity and sanctity of the judicial process”.
Accordingly, the writ petition was declared devoid of merit and dismissed with connected applications. “This court deems it proper to impose cost to the tune of Rs 20,000 on the petitioners for abusing the process of court in filing the instant petition by suppressing the material facts which amount shall be paid by the petitioners in the Advocates’ Welfare Fund within a period of two weeks”, read the order.
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