Litigants Keeping Disputes Alive For Malafide Reasons Has Tendency Of Keeping Courts' Docket Heavy: Delhi High Court

The Delhi High Court has recently said that the conduct of the litigants to keep the dispute alive for mala fide reasons has the tendency of keeping the docket of the Courts heavy to the detriment of other litigants whose cases have been pending for years.

Justice Amit Mahajan made the observation while quashing two complaints filed in 2016 under the Negotiable Instruments Act, 1881 against a man.

The man approached the court challenging the trial court order directing the trial to proceed, observing that the veracity of the settlement agreement entered into between the parties would be seen during trial.

It was his case that the parties had settled their disputes before the Mediation Centre and pursuant to the settlement, he had also paid the agreed amount to the complainant.

Allowing the pleas, the court said that the Mediation Report indicated that the complainant had amicably settled the two complaints filed under Section 138 of the NI Act.

It further noted that the complainant had also agreed to withdraw the complaints and to make necessary statement before the Trial Court and that the statement was made on his own free will and without any force, pressure or coercion.

“Once it is an admitted position that an agreement was signed by the parties and the payment in terms of the settlement has already been paid by the petitioner, Respondent No. 2 cannot be allowed to wriggle away by taking such arguments,” the court observed.

It added that the complainant, after having pocketed the amount received pursuant to the settlement, was trying to reagitate the dispute and that such tendency ought not to be encouraged.

While quashing the complaints, the court directed the complainant to pay Rs. 50,000 as costs to the petitioner.

Title: ASHOK KUMAR v. STATE & ANR.

Citation: 2024 LiveLaw (Del) 744

Click here to read order