Madhya Pradesh High Court Imposes Cost On Counsel For Negligence In Handling Writ Petition

The Madhya Pradesh High Court has taken a stern stance against careless handling of legal matters, as it directed a counsel to bear the cost of Rs. 10,000/- from his personal funds for negligence in handling a writ petition filed by him.

This decision comes in the wake of the court's dissatisfaction with the handling of a Writ Petition, filed back in 2003 by then Assistant Commissioner of Customs (MP), which was dismissed in 2014 for failing to adhere to a peremptory order related to the payment of process fees.

It is significant to note that Court had allowed the restoration of the writ petition vide order dated May 15, 2015, subject to strict compliance with the peremptory order within a four-week period. However, the same was also not complied with and hence, this second application for restoration came to be filed.

The division bench of Chief Justice Ravi Malimath and Justice Anil Verma allowed the second application filed in 2018 considering the reasons stated therein. However, it directed, “In view of the careless manner in which the petition is being handled by the counsel, he is directed to pay cost of Rs.10,000/- from his personal funds with the President and Secretary M.P.H.C. Employee Union Indore.”

Case Title: The Assistant Commissioner, Custom And Central Excise Division Vs The Tehsildar 

Case No.: Misc. Civil Case No. 791 Of 2018

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