'Every Single Minute Of Court Is Precious': Madhya Pradesh High Court Imposes 50K Cost For Failure To Disclose Pendency Of Appeal Before SC

The Indore Bench of the Madhya Pradesh High Court recently imposed a cost of Rs. 50,000 while dismissing a plea as withdrawn in a matter which was already pending before the Apex Court. 

A Division Bench of Justice Sujoy Paul and Justice Anil Verma condemned the petitioner's failure to inform the Court regarding the parallel proceedings in the Supreme Court, and continuing arguments before the High Court on merits. It stated: 

"At present, Indore Bench is working with almost 50% strength of Judges. Every single minute is precious. Thus, while permitting the withdrawal of this petition with the liberty prayed for, we deem it proper to impose costs on the petitioner for his conduct of wasting precious time." 

Advocate Manish Nair representing the petitioner argued the matter for more than half an hour upon admission. During the course of arguments, he elaborately narrated the facts and handed over a compilation of seven judgments.

Towards the end of the submissions, the Counsel informed the Court that the petitioner had already filed an appeal before the Supreme Court against the order of the National Green Tribunal. The counsel then sought to withdraw the petition to press his appeal filed before the Supreme Court, but sought protection by holding that respondents shall not take any coercive action against the petitioner till the matter is taken up by Supreme Court and prayer for interim relief is considered.

The Court responded as follows:

"We may record with pains that in all fairness, the petitioner should have informed the Court at the threshold that he has filed such a proceeding before the Apex Court and seeks to withdraw this petition. Petitioner wasted precious time of the Court by arguing the matter on merits. He cited various judgments/orders and after wasting a considerable long time, he informed the Court about filing of appeal before the Supreme Court yesterday. We deprecate this practice."

Stressing that the Indore Bench was working with almost 50% strength of Judges at present, the Court deemed it proper to impose costs on the petitioner for wasting precious time.

The Bench quantified the cost as Rs.50,000/- which shall be deposited before High Court Legal Aid Committee within 30 days from the date of the Order, failing which, the said Committee shall apprise the Court about non-compliance.

Regarding the prayer for interim protection till such time Apex Court considers the matter, reliance was placed on the decision of Supreme Court in Kalabharati Advertising vs. Hemant Vimalnath Narichania & Ors. [(2010) 9 SCC 437] to decide that the said prayer cannot be accepted.

In the said decision, it was held as such:

"It is a settled legal proposition that the forum of the writ court cannot be used for the purpose of giving interim relief as the only and the final relief to any litigant. If the Court comes to the conclusion that the matter requires adjudication by some other appropriate forum and relegates the said party to that forum, it should not grant any interim relief in favour of such a litigant for an interregnum period till the said party approaches the alternative forum and obtains interim relief."

Resultantly, the petition was dismissed as withdrawn with the liberty prayed for. The aforesaid cost was directed to be deposited within 30 days.

Case Title: Lanxess India Pvt. Ltd. v. Madhya Pradesh Pollution Control Board & Anr.

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