Supreme Court Deprecates Filing Of SLP Assailing High Court's Order Adjourning Matter

The Supreme Court recently deprecated the practice of filing frivolous Special Leave Petition against the order passed by High Court by which the parties on joint request had agreed for adjourning the matter.

The bench of Justices MR Shah and BV Nagarathna was considering the SLP assailing Patna High Court's order dated February 25, 2022 passed by the bench of Justice Mohit Kumar Shah.

In the impugned order, the High Court had said, "As jointly prayed for on behalf of the petitioner, list this case on 19.03.2020 at 3.15 pm in the daily cause list."

While deprecating such practice, the Top Court in their order said, "We fail to appreciate how against the order adjourning the matter and, that too, on the joint request when the matter was adjourned, the Special Leave Petition would be maintainable."

Remarking that the parties at every stage should not come to the court even when the matter is simply adjourned, the bench said,

"We deprecate such a practice of filing such frivolous Special Leave Petition against such orders and increase the burden of this Court. At every stage the parties should not come to this Court even in a case where the matter is simply adjourned."

The bench accordingly while dismissing the SLP in their order said, "The Special Leave Petition stands dismissed. We would have imposed exemplary costs for filing such frivolous petition, however, as prayed, we refrain from imposing exemplary costs."

Case Title: Pinki Kumari V. The Managing Director Cum Chief Executive Officer & Ors.| Special Leave to Appeal (C) No(s). 2141/2022

Coram: Justices MR Shah and BV Nagarathna

Counsel for Petitioner: Advocate(s) Prashant Kumar and Kausar Raza Faridi

Click Here To Read/Download Order