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Judgment
AFTER going through the pleadings filed by both sides and giving anxious consideration to the arguments advanced by the Learned Counsel for the parties, we have unhesitatingly come to the conclusion that this complaint has to fail on the short ground that the respondents had filed a suit for the recovery of Rs. 32,48,536.28 paise against Manson (India) Private Limited Company & Others including the complainant in the High Court of Himachal Pradesh and in that suit, the complainant-firm has been restrained from alienating, selling or transferring the properties as mentioned in para 4 of the application under Order 39 Rules 1 and 2 read with Section 151 C.P.C. (Annexs. R2 & R4-A). The complainant has approached the Commission by filing a complaint on identical grounds. A person cannot be allowed to move two Forums simultaneously for the same relief. The suit having been filed earlier by the respondents in the High Court against the complainant where effective remedy would be available to him, the same would be a ground for refusal of any relief even if the same would have been available. In view of the identical matter being thus pending disposal before the High Court, we are not inclined to enter upon adjudication of this matter by this Commission.
FURTHER scrutiny of the complaint indicates that the complainant has not mentioned therein anything about the suit having been filed by the respondents on identical grounds before the High Court. In the circumstances, it is clear that the complainant had abused the process of the Forum for unjust gain by suppressing the said material fact in the complaint before the Commission and he has thus not come with clean hands before us. For the aforesaid reasons, we hold that this complaint is not maintainable before this Commission and the same is dismissed on these grounds. There would be no order as to costs. Complaint dismissed.