MIS. SCIEMED OVERSEAS INC. versus BOC INDIA LIMITED & ORS.

MIS. SCIEMED OVERSEAS INC. versus BOC INDIA LIMITED & ORS.

Imposition of costs was justified as the petitioner filed a false or misleading affidavit before the Supreme Court, which by itself is enough to invite adverse reaction, and the statement was not bonafide. There was an alarming increase in the filing of false affidavits, which must be discouraged.

Parties
Petitioner: MIS. SCIEMED OVERSEAS INC.; Respondent: BOC INDIA LIMITED; Third Party: Rajendra Institute of Medical Sciences, Ranchi (RIMS)
Jurisdiction
India
Judgment Date
11 January 2016
Procedural Posture
Special Leave Petition (civil) / Judgment After Appeal From High Court
Outcome
Petition dismissed
Legal Topics
Imposition of Costs, Filing of False Affidavits, Award of Works Contracts, Judicial Misconduct
Contract Law Civil Procedure Imposition of Costs Filing of False Affidavits Award of Works Contracts Judicial Misconduct

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Parties

MIS. SCIEMED OVERSEAS INC.

Petitioner

BOC INDIA LIMITED

Respondent

Rajendra Institute of Medical Sciences, Ranchi (RIMS)

Third Party

Procedural Posture

Special Leave Petition (civil) / Judgment After Appeal From High Court

Legal Issues

  1. 1 Whether the High Court was correct in imposing costs of Rs. 10 lakhs on the petitioner for filing a false or misleading affidavit in the Supreme Court
  2. 2 Whether the statement in the affidavit filed by Sciemed was bonafide or a deliberate attempt to mislead the court
  3. 3 Impact of filing false affidavits before courts

Ratio Decidendi

Imposition of costs was justified as the petitioner filed a false or misleading affidavit before the Supreme Court, which by itself is enough to invite adverse reaction, and the statement was not bonafide. There was an alarming increase in the filing of false affidavits, which must be discouraged.

Court Disposition

Petition dismissed

Orders

  • Petitioner granted six weeks to deposit costs of Rs. 10 lakhs with Jharkhand Legal Services Authority (JHALSA). On deposit, JHALSA should forward the amount to BOC India Limited. Matter to be listed in the High Court after eight weeks for compliance.