1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2664 of 2006 IN WRIT PETITION NO. 1830 of 2000 Ms.Hasai K. Mirchandani since deceased through LRs Pritamdas K.Mirchandani .. Applicants versus Mr.D.V. Modi .. Respondent ... Mr.P.S. Dani for the applicant. Mr.Sudhir Shah for the respondent. CORAM : A.M.KHANWILKAR, J DATED : 16th July 2008 P.C.: 1. Heard counsel for the parties. 2. I am in agreement with the objection raised on behalf of the respondent that this application is founded on false averment made by the applicant to 2 the effect that they had no knowledge about the present petition. That position is not only reflected from the application filed before the Co-operative Court on 5th October 2004 but also the subsequent written statement filed by the applicant themselves which refers to the factum of pendency of present writ petitions which came to be filed on 3rd May 2005. There is suppression of this material fact. On the other hand, the applicants have falsely asserted that they had no knowledge about the pendency of writ petition of the filing of the present application in September 2006. The argument of the applicants that no prejudice will be caused to the respondents does not take the matter any further. If the application is founded on false assertion to the knowledge of the applicants, the question of showing any indulgence to such applicants does not arise particularly when it is a case of complete inaction atleast from October 2004 till September 2006 which remains unexplained. In the circumstances, even though the applicants are willing to compensate the respondents by paying costs upto Rs.15,000/-, that cannot be the basis to show indulgence to a party who has approached the court with unclean hands. Hence, rejected. 3 (A.M.KHANWILKAR, J)