Bomaby HC imposes cost of Rs 15,000 on litigant for ‘unnecessary listing’ of case

“The present listing for ad-interim reliefs is thoroughly irresponsible. It is a regular contempt motion and there can be no urgency in this,” the bench observed Monday. Justice Patel also noted that he had issued a notice stating that parties are allowed to put in praecipes for cases that are truly urgent. The notice also mentioned that costs may be imposed if no urgency is found.

The bench remarked that either the facility extended to the lawyers can be withdrawn or costs imposed. “That is preferable because other lawyers at least will not be inconvenienced,” it said.

Advocate Gauraj Shah, appearing for the petitioner, claimed that he had advised the client not to insist on mentioning, but he did not listened. “That is no answer. It is not unreasonable to expect advocates to inform their clients of what is and is not possible or permissible, and not to act on their every wish,” justice Patel noted. While imposing Rs 15, 000 cost on the petitioner, the bench said that matter will be heard on June 26 and no priority listing will be provided.

Referring to the cost imposed on the petitioner in the matter, advocate Sujay Kantawala said, “I welcome the imposition of costs. In the next case, it should be Rs 1 lakh. Litigants cannot take the directives issued by the acting Chief Justice lightly in light of the seriousness of this pandemic we are all facing.”

The Bombay High Court administration has reduced working hours and directed lawyers and its staff to ensure de-congestion in view of the coronavirus outbreak. High court judge Anil K Menon has also issued a notice that highly urgent matters will be taken up for mentioning by video conferencing through a mobile application on court working days.

“Advocates and parties in person may mention urgent matters through the unit installed in court room number 16-B or they may join the video conference room remotely from their office or home using the link and PIN to be shared with them on the e-mail ID provided by them.”