*1* kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.162/2010 IN WRIT PETITION NO.1100/2008 Sewa Medicals Ltd.. ..Petitioner -Versus- Union of India and others. ..Respondents ........... Mr.Madhur Baya, for the Petitioner. None for the Respondents. .......... CORAM : V.C.DAGA & K.K.TATED, JJ. Date : 25th March, 2010. P.C. 1 Not on board. Mentioned. Taken on board. 2 Perused the Notice of Motion. 3 Heard the learned counsel appearing for the Petitioner. None for the Revenue. 4 This petition is directed against the order dated 12.12.2007 passed by the Appellate Tribunal for Foreign Exchange, New Delhi whereby and where-under the appeal filed by the Petitioner came to be dismissed holding it to be barred by limitation. The petition was admitted by this Court vide order dated 13th June, 2008, however, no order on prayer for interim relief was *2* passed. Since then the matter is pending in this Court for final hearing. 5 Today i.e. on 25th March, 2010, in pre-lunch session the production was sought by the learned counsel for the Petitioner to seek interim relief mentioning that the Factory is being put to auction on 17.03.2010. The notice of auction is produced on record. 6 The proclamation notice reveals that the Petitioner is indebted to SICOM to the extent of Rs.1.50 Crores. The recovery of the Stamps & Sales Tax Department is in the sum of Rs. 2,03,17,264/-. The Petitioner is also indebted to one M/s Kirit Jagjivandas to the extent of Rs.2,03,20264/-. 7 On being asked during the course of hearing, the learned counsel for the Petitioner, after taking instructions from the client, who is present in the Court, stated that the possession of the Factory has already been taken over by the Assets Reconstruction Corporation of India (IRCI) in the month of February, 2010, whose principal liability was to the tune of Rs.22 Crores excluding interest liability. The said liability is yet to be satisfied. 8 The affidavit filed by the Petitioner in support of the Notice of Motion is completely silent with regard to the fact of taking over the possession of the Factory premises by the Assets *3* Reconstruction Corporation of India. 9 It was expected on the part of the Petitioner at least to disclose this fact to this Court. On the contrary, the picture is sought to be projected as if the Petitioner is in possession of the Factory premises and the same is being put to auction. It is, thus, clear that the Petitioner has suppressed the material facts from this Court and did not approach this Court with clean hands. In these circumstances, the Petitioner is not entitled for any equitable relief much less interim relief. 10 In the result, the prayer for interim relief is rejected. 11 Notice of Motion is dismissed. No order as to costs. (K.K.TATED, J.) (V.C.DAGA, J.)