Lawstreet Journal

Bombay HC Slaps Rs. 5.80 Lacs Cost On 29 For Filing ‘Frivolous’ Petitions

Lawstreet Journal 5 Feb 2020 4:32am

Image courtesy: Lawstreet Journal Judiciary Bombay HC Slaps Rs. 5.80 Lacs Cost On 29 For Filing ‘Frivolous’ Petitions

The Nagpur bench of the Bombay High Court (HC) slapped a cost of Rs. 5.80 lakhs on 29 persons calling their petition a frivolous one on the 4th of February, 2020. While dismissing their plea, the High Court asked them to deposit the amount within four weeks & asked an Amravati collector to recover it in case of default.

In spite of such conduct on judgment debtors (petitioners) part, if this court is to lend its helping hand to them, a litigant would lose faith in country’s legal system & would start resorting to ‘Courts of Men’ & not ‘Courts of Law’,” a division bench of Justices Sunil Shukre and Milind Jadhav observed.

“If High Court helps petitioners, it would be doing great disservice to law & justice administration system. In that case, what was said about more than 100 years ago by the Privy Council, would continue to hold the field. It famously says that in India it is very easy to obtain a court’s decree, but it’s very difficult to execute it. The ordeal of a litigant in India really begins after he obtains a decree from the civil court & it happens when the decree holder is compelled to initiate execution proceeding,” the judges said adding they find this petition as “frivolous & vexatious” which deserves to be dismissed with exemplary costs"

Chandrashekhar Rathi, the managing trustee of Fattehlal Saligram Trust in Dhamangaon, had filed a civil suit before the civil court at Telhara in Akola for getting possession of agriculture… Continue Reading...


Tagged: Bombay High Court   High Court of Bombay  
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