Punjab & Haryana High Court Imposes 1K Cost On Lawyer For Abstaining From Work, Allows Cost Recovery From Bar Association

Update: 2021-08-26 04:44 GMT
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The Punjab and Haryana High Court, on Monday, imposed 1,000/- cost on a lawyer who had abstained from work on the very day his application seeking early hearing of a case was listed before the court.The Bench of Justice Arvind Singh Sangwan noted that the Courts are working through virtual mode with great difficulties, and even then the lawyers had abstained from work on August 11, 2021.The...

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The Punjab and Haryana High Court, on Monday, imposed 1,000/- cost on a lawyer who had abstained from work on the very day his application seeking early hearing of a case was listed before the court.

The Bench of Justice Arvind Singh Sangwan noted that the Courts are working through virtual mode with great difficulties, and even then the lawyers had abstained from work on August 11, 2021.

The cost has been imposed on Advocate Prateek Pandit, whose application for early hearing of a case was listed on August 11, 2021, the day when the lawyers had volunteered to abstain from work.

He had prayed in the application to prepone the date of the main case which is fixed for October 28, 2021.

"Despite the fact that the Courts are working through virtual mode with great difficulties having lots of connectivity issues, the lawyers resorted to abstain from work on 11.08.2021," the Court remarked.

In view of the same, the Court found no ground for early hearing the case and therefore, dismissed his application for early hearing with a cost of Rs. 1,000/-.

Advocate Pandit has been directed to deposit the cost with High Court Legal Services Authority within a period of 15 days.

However, the Court has given him the liberty to recover the cost from the Bar Association.

"...after depositing the cost, it will be open for him to recover the same from the Punjab and Haryana High Court Bar Association, Chandigarh and in case the amount is not paid to him, he can claim/adjust the same against his subscription fee/membership fee", ordered the Court.

Recently, the Allahabad High Court had 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."

Case title - Baljit Singh v. State of Punjab

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