Shocked That Professional Builder Has Sought Directions To Bombay HC For Time-Bound Disposal Of Case: SC Imposes ₹1.5 Lakh Cost
The Supreme Court has imposed a cost of Rs. 1,50,000/- on a professional builder who sought a Mandamus to the Bombay High Court to dispose of an appeal within a time-bound schedule.
The two-Judge Bench of Justice Abhay S. Oka and Justice Rajesh Bindal said, “We are shocked to note that a professional builder and contractor has filed a petition under Article 32 of the Constitution of India seeking a Mandamus to the Bombay High Court to dispose of the appeal pending before the said High Court of the year 2019 within a time bound schedule. … while permitting the petitioner to withdraw the petition, we saddle him with costs of Rs.1,50,000/- which will be payable by the petitioner to the Maharashtra State Legal Services Authority.”
Advocates S.K. Verma and Udit Arora appeared on behalf of the petitioner.
The Bench took judicial notice of the fact that a large number of appeals which are 15 to 20 years old pertaining to the jurisdiction of the Single Judge, are pending in the Court.
“We deprecate the attempt made by the petitioner to jump the queue by approaching this Court in this manner”, observed the Court.
The Supreme Court further noted that a litigant who can afford to approach the Apex Court in such a manner cannot get priority over other older cases and that filing such petitions under Article 32 of the Constitution of India is nothing but an abuse of the process of law.
“After arguing the petition, the learned counsel appearing for the petitioner seeks permission to withdraw the instant petition”, said the Court.
The Court, therefore, in the above regard permitted the petitioner to withdraw the petition but directed him to pay Rs. 1.5 lakhs to the Maharashtra State Legal Services Authority within a period of six weeks.
Accordingly, the Apex Court dismissed the plea as withdrawn.
Cause Title- M/s. I.S. Infrastructure and Buildcon Pvt. Ltd. v. Government of Maharashtra & Anr.