Karnataka High imposes Rs 10 lakh costs on non-profit for filing multiple petitions against Azim Premji, others

The Karnataka High Court recently imposed costs of Rs 10 lakh on non-profit organisation India Awake for Transparency for filing multiple petitions on the very same cause of action, seeking to register a case against founder Chairman of Wipro Azim Premji and others..Justice PS Dinesh Kumar noted that the petitioner had filed multiple writ petitions in the High Court seeking criminal action over allegations of financial irregularities in companies run by Azim Premji. ."There remains no doubt that petitioner is indulging in forum shopping on the very same cause of action. As held in Udyami, this amounts to criminal contempt as the core issue in all these writ petitions is one and the same...In the result, this writ petition is not only devoid of merits, but an absolute abuse of process of law. Though petitioner was forewarned, he chose to argue this writ petition as a stand-alone petition wasting the valuable time of this Court to deal with such frivolous cases. Therefore, imposition of punitive cost is necessary," the Court said..Despite the dismissal of many petitions, the petitioner had filed a fresh writ petition with similar allegations in substance, observed the Bench. ."Though the dates of complaint are different, the subject matter is again the same i.e., transactions involving three Companies namely Vidya Investment and Trading Company Pvt. Ltd., Regal Investment and Trading Company Pvt. Ltd. and Napean Trading and Investment Company Pvt. Ltd," the Court noted. .Senior Advocates S Ganesh and CV Nagesh, appearing for Hasham Investment and Trading Company (a wholly owned subsidiary of Azim Premji Trust), had raised a preliminary objection to the maintainability of the petition. .It was argued that the petitioner had earlier filed a PIL praying for the constitution of a multi-disciplinary investigation team to investigate and prosecute Premji and his associates for the offences alleged to have been committed by them. .Subsequently, it filed five separate writ petitions against various statutory authorities, out of which three writ petitions were dismissed by the High Court. The petitioner had also approached the Delhi High Court for a direction against the Ministry of Corporate Affairs, which had revoked its license in 2018..Advocate R Subramanian, appearing for the petitioner, opposed the preliminary objection raised by the respondents stating that the relief sought in the PIL and in this writ petition are not one and the same. If a petitioner seeks different relief on the same cause of action, the doctrine of res judicata does not apply, he added..After considering the submissions, the Bench opined that the very same Bench had dismissed two petitions moved by the petitioner against Azim Premji and others. Further, a coordinate Bench of the High Court had dismissed another petition on similar grounds. .Therefore, the Bench imposed costs of Rs 10 lakh on the petitioner, which has to be paid to the Registrar General of the High Court within four weeks..Karnataka High Court rejects plea seeking criminal action against Azim Premji, others for alleged misappropriation of funds.[Read Judgment]