High Court of Delhi

Tejo Ratna Kongara Vs. National Housing Bank and Ors. (Neutral Citation: 2024:DHC:3053)

MANU/DE/2845/2024

16.04.2024

Company

Writ jurisdiction of the Court cannot be used by a party for collecting evidence and documents against another party

The present petition has been filed seeking directions against the Respondent no. 1/National Housing Bank ("NHB") to consider and decide upon the Petitioner's representation with further prayer for direction to Respondent no. 1 to call upon Respondent no. 2, i.e., India Bulls Housing Finance Limited ("IBHFL") to produce the responses and relevant documents, disclosing the actions taken by them in respect of the query dated 6th April, 2023 addressed by the Petitioner.

Writ jurisdiction of this Court cannot be used by a party for collecting evidence and documents against another party, against whom the petitioner has pending disputes. Writ jurisdiction is meant to safeguard the constitutional, legal and vested rights of a party. The powers vested with this Court under writ jurisdiction are large that are used by this Court to ensure that the constitutional and legal rights of parties are protected and secured.

The Court process, much less a writ jurisdiction, cannot be used as a fishing and roving enquiry against a party with whom the Petitioner has pending disputes, for the purposes of collecting evidence and documents to be used against such a party. The present petition filed by the petitioner is clearly a misuse and abuse of the process of the Court.

It is clear that, the Petitioner is trying to collect evidence and documents against IBREL, as is manifest from the representation dated 18th August, 2023 submitted by the petitioner to NHB. Neither any constitutional nor any legal right of the Petitioner is being violated or breached, for protection of which the present petition has been filed. This Court will not become a party in a fact finding and evidence collecting process in order to aid the Petitioner, which is the manifest purpose of filing the present petition. The present petition is clearly a misuse and abuse of the process of law. There is no merit is found in the present petition. Petition dismissed.

Tags : Documents Production Direction

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