"This Is Not What Article 227 Is Meant For": Delhi High Court Imposes 11K Cost On Party Seeking Expeditious Disposal Of Civil Suit By Trial Court

The Delhi High Court has imposed a cost of Rs. 11,000 on a party seeking directions to the Trial Court to expeditiously decide a civil suit, remarking that the petition was an abuse of process of court.

Justice C Hari Shankar said that the petition is a means to try and use the High Court as an avenue to pressurise the trial court in dealing with the matter.

"This is not what Article 227 of the Constitution of India is meant for," the Court observed.

Accordingly, the Court dismissed the plea with costs of Rs. 11,000 to be paid by way of a crossed cheque favouring the Delhi High Court Legal Services Committee (DHCLSC).

The Court noted that the Trial Court had heard the matter on 19th November, 2020, 9th December, 2020, 14th January, 2021, 30th March, 2021, 7th September, 2021, 29th September, 2021, 18th November, 2021 and 31st January, 2022 and that the matter was next listed on 25th April, 2022.

"This Court is completely befuddled as to how the petitioners can even envisage any direction to the learned trial court to deal with this matter with greater expedition than has been displaced by the learned trial court in this case," the Court said at the outset.

The Court also said that post resumption of normal court work after pandemic, trial courts are overburdened and that the High Court is hesitant to subject them to any greater burden than is already on them.

"This petition, in my view, is an abuse of process of the court. It is a means to try and use the High Court as an avenue to pressurise the trial court in dealing with the petitioners' matter," the Court added.

Accordingly, the plea was dismisses.

Title: RAJENDER KUMAR SETHI & ANR. v. M/S V.G. MARKETING PVT LTD & ORS.

Citation: 2022 LiveLaw (Del) 305

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