'During Pandemic He Wants Time To File Supplementary Affidavit': Allahabad High Court Slaps 5K Fine On Lawyer Seeking Pass Over
The Allahabad High Court recently imposed Rs. 5,000/- cost on an Advocate who requested the Court to pass over the case as he wanted to file a supplementary affidavit. A Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Dinesh Pathak noted that the petition was filed in February this year and in June. i.e. within four months, such a request was being made. "This petition was filed...
The Allahabad High Court recently imposed Rs. 5,000/- cost on an Advocate who requested the Court to pass over the case as he wanted to file a supplementary affidavit.
A Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Dinesh Pathak noted that the petition was filed in February this year and in June. i.e. within four months, such a request was being made. "This petition was filed in the year 2021, more particularly in the month of February. We are in the month of June," it noted.
Thus, the Court remarked,
"Granting four months' time, subject to deposit of Rs.5000/- as cost by the petitioner with the Registry of this Court, which shall go to the Chief Minister Relief Fund, as during pandemic he wants time to file supplementary affidavit."
In an interesting turn of events, Justice Dr. Kaushal Jayendra Thaker recently imposed 50K cost in a matter wherein the Counsel requested for an adjournment when the Judge was about to dismiss the matter. However, the order as to cost was stayed 'for the time being' when the Counsel promised that he would argue on the next date of hearing.
The Court's order in this regard read thus:
"After I started dictating the order, when I have conveyed to learned counsel for applicants that I am not convinced and the case is liable to be dismissed, he has requested that I want to adjourn the matter. Subject to cost of Rs.50,000/-, as the valuable time of the Court is lost, list on 19th July, 2021 before the appropriate Court."
Recently, the Allahabad High Court had declined to hear an advocate appearing in a matter as he was riding a scooter while appearing before the Court through Video Conferencing mode. A Bench of Justice Manoj Kumar Gupta and Justice Syed Aftab Husain Rizvi, asked the counsel to be careful in the future and advised him to not repeat the act in future.
The Orissa High Court in February this year imposed Rs. 500 fine on an advocate who was not wearing a Neck Band while arguing before the Court in virtual mode.
While imposing the penalty, Justice SK Panigrahi had observed,
"The profession is solemn in nature and its profundity is complemented by its attire. Being an Advocate, he is expected to appear before the Court in a dignified manner with proper dress, even if it is a virtual mode."
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