Roxy Petrochem Pvt. Ltd. Delhi Through Its Director v. U. P. Financial Corporation Limited Kanpur Through M. D. & Ors.
2012-03-29
DEVENDRA KUMAR UPADHYAYA, DEVI PRASAD SINGH
body2012
DigiLaw.ai
Devi Prasad Singh & Devendra Kumar Upadhyaya, JJ.;- This is the fifth writ petition filed by the petitioner and his associates. Earlier writ petitions no. 13084 (MB) of 2011, 6863 (MB) of 2008, 10117 (MB) of 2008 and 12705 (MB) of 2010 were filed by the petitioner. Earlier writ petitions were filed seeking the same relief time and again and the writ petition no. 13084 (MB) of 2011 was decided on 10.1.2012 by a Division Bench of this Court, relevant portion of which is reproduced as under:- "We have heard learned counsel for parties and perused the pleadings of writ petition. In view of the fact that the petitioner appears to be a chronic defaulter and does not intend to return the amount in question and further that the matter after auction is listed before Debt Recovery Tribunal on 31.01.2012, we dismiss the writ petition. Order Date :- 10.1.2012" One other writ petition no. 12705 (MB) of 2010 was dismissed by this Court as not pressed with liberty to approach appropriate Forum. Submission of learned counsel for the petitioner is that the instant writ petition has been filed on different relief. Under Order 2 Rule 2 C.P.C. while preferring writ petition, the petitioner has to claim comprehensive relief on the basis of existing cause of action. The relief claimed in the instant writ petition could have been claimed while filing the earlier writ petition. There appears to be unfair practice adopted by the petitioner preferring the writ petitions from time to time. The petitioner should not have preferred the present writ petition in view of the order dated 10.1.2012 (supra) passed by this Court. In view of above, the writ petition is dismissed.