High Court Slams Kashmir Health Services Director With ₹2 Lakh Fine For 'Frivolous Litigation,' 20 Yr Delay In Executing Decree

In a scathing order passed by Justice Atul Sreedharan, the court dismissed the plea, imposed costs, and observed that the department's "repeated frivolous litigation" had kept the decree-holder hanging for 20 years and amounted to "abuse of process".

The case dates back to 2001, when Iqbal Ahmad Baqal, a legal assistant, filed a civil suit against the Director of Health Services and another for alleged breach of contract. In 2003, the court ruled in favour of Baqal, issuing a decree that the department failed to comply with. Instead of fulfilling its obligations, the department embarked on a long and arduous legal battle, filing a series of appeals and petitions to stall the execution of the decree.

The department's attempts to delay justice were numerous and included filing a time-barred first appeal, a revision petition, a writ petition, and even a second appeal filed after a staggering 13-year delay. Additionally, they filed petitions to restore the writ petition and condone the delay in its restoration, all of which were dismissed by various courts.

Subsequently, the respondents again approached the Executing Court in 2018, contending that they had already complied with the directions outlined in the 2003 decree. The Executing Court had instructed one of the judgment debtors to appear on May 30, 2018, to show cause, a directive that went unheeded. Instead of complying, the petitioners chose to file the present petition, alleging that the Executing Court's order was legally flawed.

Justice Sreedharan, in his order, highlighted the petitioners' history of neglect and delay in pursuing their case. The court noted that despite ample opportunities to present their case before the Executing Court, the petitioner Department opted for further delay by filing the current petition, which has been pending for five years.

The bench emphasized that the department had ample opportunities to explain its compliance with the decree before the executing court but chose to pursue frivolous litigation instead. Recognizing the blatant disregard for the court's orders and the manipulation of the system, the court imposed a Rs. 2,00,000/- fine on the petitioners, payable to the decree-holder within 30 days. Additionally, the court granted the Union Territory the liberty to recover the cost from the Director of Health Services, Kashmir.

Upon dismissing the plea, the matter was listed on 11.03.2024 to secure compliance.

Case Title: Director Health Services and Another Vs. Iqbal Ahmad Baqal

Citation: 2023 LiveLaw (JKL) 311

Click Here To Read/Download Order