Case: Municipal Corpn. Of Delhi Vs. Kamla Devi

It is also brought to our notice that the appeal filed by Kamla Devi against the assessment order dated January 28, 1991, was dismissed for default on September 12, 1994. 7. The first question is whether the filing of this suit by Kamla Devi in Ghaziabad Court was a proceeding taken bona fide by her or whether it was only a sharp practice designed to abuse the process of law and to take unfair advantage over the Corporation. On a consideration of the facts and circumstances of the case, we are satisfied that it was a clear case of abuse of process of Court and of law. We are also satisfied that the averment made in para 2 of the plaint to the effect that the officers of the appellant-Corporation went to Ghaziabad to attach the movables of Kamla Devi or her grand-children to realise the tax under the order dated January 28, 1991, is a total falsehood and was a mere pretence to create jurisdiction in Ghaziabad Court. Not a single document or any other scrap of paper has been filed before the Ghaziabad Court in support of the said allegation. Moreover, the frame of the suit and the language and terms in which the declaration and prohibitory injunction are asked for suggest a clear attempt to overreach the process of Court. The object clearly was to obtain a declaration that the assessment order dated January 28, 1991, is illegal and invalid from a Court outside Delhi. The fact that Kamla Devi (plaintiff) chose to conceal the fact of her filing the appeal against the said assessment order is also indicative of the mala fides on her part. It is true that the Court has limited the prohibitory injunction only to properties in Ghaziabad but it has granted a declaration that the very assessment order is void and illegal which means that it cannot be enforced even within the limits of Delhi Municipal Corporation. In the Special Leave Petition, it is stated by the Corporation that the Bill of demand pursuant to the assessment order aforesaid was sent only on July 8, 1991, to the respondent whereas the suit was filed on April 19, 1991. Once this Court is satisfied that Kamla Devi has abused the process of law and misused the legal system, the objections put forward by the respondents counsel are of no consequence. This Court is entitled to act in such cases to prevent such abuse and misuse. 8. In Oil and Natural Gas Commission, (1994 AIR SCW 3287), this Court was dealing with a case where Engineers India Lid (E. I. L.) acting as consultants for Oil and Natural Gas Commission (O. N. G. C.) issued an advertisement in the newspapers of the country inviting tenders for a particular work to be carried out at Hazira complex in Gujarat. According to the advertisement, the tenders were to be communicated to E. I. L. at Delhi. The respondent-Company (NICCO) having its registered office at Calcutta submitted a tender which was considered along with other tenders received at New Delhi and was rejected. Tender of another party was accepted. Thereupon, NICCO filed a writ petition in the Calcutta High Court praying that ONGC be restrained from awarding the contract to such other party and, if already awarded. to cancel the same. In the writ petition, an allegation was made by NICCO that it had come to know of the tender from the publication in the newspaper Times of India within the jurisdiction of the Calcutta High Court, that it had submitted its tender from its registered office located within the jurisdiction of the Calcutta High Court and that further correspondence in that behalf was also done from its said registered office at Calcutta. On the said averments, it was submitted that the Calcutta High Court had jurisdiction in the matter. NICCO also asked for and obtained certain interim orders which were challenged under Article 136 of the Constitution. Before this Court, NICCO relied upon a fax message sent by O. N. G. C. /E. I. L. to NICCO on its Calcutta address. It was a reply to a letter sent by NICCO. It was submitted that in view of the said communication along with other facts mentioned in the writ petition, the Calcutta High Court did have the jurisdiction to entertain the said writ petition. It was held by this Court that even if the averments in the writ petition are taken as true, it cannot be said that a part of the cause of action had arisen within the jurisdiction of the Calcutta High Court. This Court pointed out that the advertisement itself mentioned that the tenders should be submitted to E.I.L., at New Delhi, that they would be scrutinised at New Delhi and that the decision to accept or reject would also be taken at New Delhi. (The work was, of course, to be carried out in Gujarat.) It was further held that merely because NICCO read the advertisement at Calcutta or that it submitted its tender from Calcutta or that it made representations or that a fax message was sent to it on its Calcutta address did not constitute facts forming integral part of the cause of action. It was held that NICCO did not act bona fide in invoking the jurisdiction of the Calcutta High Court and that the filing of the writ petition was an abuse of the process of Court. Accordingly, the appeal was allowed, the orders of the Calcutta High Court were set aside and exemplary costs in a sum of Rs. 50,000/- were imposed upon NICCO. In our opinion, the principle of the said decision clearly applies here. Indeed, the present case is a more gross one. In this case, there is no mention that any demand notice or bill was sent to Kamla Devi at Ghaziabad address. We have already held that the averment in Para 2 of the plaint was a mere pretence and a total fabrication.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]On a consideration of the facts and circumstances of the case, we are satisfied that it was a clear case of abuse of process of Court and of law. We are also satisfied that the averment made in para 2 of the plaint to the effect that the officers of the appellant-Corporation went to Ghaziabad to attach the movables of Kamla Devi or her grand-children to realise the tax under the order dated January 28, 1991, is a total falsehood and was a mere pretence to create jurisdiction in Ghaziabad Court. Not a single document or any other scrap of paper has been filed before the Ghaziabad Court in support of the said allegation. Moreover, the frame of the suit and the language and terms in which the declaration and prohibitory injunction are asked for suggest a clear attempt to overreach the process of Court. The object clearly was to obtain a declaration that the assessment order dated January 28, 1991, is illegal and invalid from a Court outside Delhi. The fact that Kamla Devi (plaintiff) chose to conceal the fact of her filing the appeal against the said assessment order is also indicative of the mala fides on her part. It is true that the Court has limited the prohibitory injunction only to properties in Ghaziabad but it has granted a declaration that the very assessment order is void and illegal which means that it cannot be enforced even within the limits of Delhi Municipal Corporation. In the Special Leave Petition, it is stated by the Corporation that the Bill of demand pursuant to the assessment order aforesaid was sent only on July 8, 1991, to the respondent whereas the suit was filed on April 19, 1991. Once this Court is satisfied that Kamla Devi has abused the process of law and misused the legal system, the objections put forward by the respondents counsel are of no consequence. This Court is entitled to act in such cases to prevent such abuse andour opinion, the principle of the said decision clearly applies here. Indeed, the present case is a more gross one. In this case, there is no mention that any demand notice or bill was sent to Kamla Devi at Ghaziabad address. We have already held that the averment in Para 2 of the plaint was a mere pretence and a total fabrication.