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Tuesday, November 24, 2020

Lawyer boasts that paying cost for dismissed plea not an issue, HC doubles fine

The bench of Justice Arun Monga, which disposed of the petition of the Haryana resident said "on the invitation of the learned counsel for the petitioner, the cost imposed is enhanced to Rs1 lakh"

Written by Jagpreet Singh Sandhu | Chandigarh | November 5, 2020 9:43:43 am
Punjab and Haryana High Court (Express photo by Jasbir Malhi)

The cost of Rs 50,000 which was imposed on a Haryana resident while disposing his petition, was enhanced to Rs 1 lakh by the Punjab and Haryana High Court after the counsel for the petitioner “rowdily” claimed that paying cost was not an issue and he is even ready to pay Rs 1 lakh.

The bench of Justice Arun Monga, which disposed of the petition of the Haryana resident said “on the invitation of the learned counsel for the petitioner, the cost imposed is enhanced to Rs1 lakh”

The petitioner had moved to HC seeking directions to the Kaithal SP for registration of an FIR against private respondents for committing fraud, despite a complaint made by him, and to direct the DC and SP of the district to initiate action for committing a fraud by private respondents. The petitioner through his counsel had also sought for directions to dissolve an educational charitable trust, wherein some of the private respondents are trustees, and he had invested Rs 1.25 crores in the construction of its building.

The counsel for the state in reply to the plea submitted that petitioner has not approached this court with clean hands, and is indulging in multiplicity of litigation and he, therefore, deserves no indulgence on that short ground alone.

The HC bench of Justice Monga, after hearing to the matter, held that ‘prima facie, the case seems to be of civil in nature and institution of the criminal proceedings is being sought for collateral pressure and for settling private scores/gains. The bench said that appropriate court should to look into the same, in accordance with law.

On conduct of the petitioner for indulging in subtle concealment, the HC bench dismissed the petition with a cost of Rs 50,000, to be deposited in Covid-19 fund created by UT Administration, Chandigarh. The amount of cost imposed was, however, enhanced further to Rs 1 lakh.

Justice Monga said while disposing of the matter, “Learned counsel for the petitioner very rowdily exuberates that paying costs is not an issue and he is even ready to pay Rs 1 lakh towards the same. He also boisterously claims that he has been instrumental in making many a judges and how can his argumentscontentions, therefore, be rejected by this court to dismiss the instant petition. To say the least, the tone, tenor, manner and conduct of the learned counsel for petitioner leaves a lot to desire. Yet, taking a lenient view thereof, this court rather prefers a self-restraint from taking any further action. However, on the invitation of the learned counsel for the petitioner, the cost imposed is enhanced to Rs1 lakh”.

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