Madhya Pradesh High Court Imposes Rs 25K Cost On Counsel For Non-Cooperation

Madhya Pradesh High Court has imposed a cost of Rs 25,000/- on a counsel appearing for the respondents, including the insurance company, in a service matter. The drastic step was taken by the court due to the continuous non-appearance of the counsel, despite previous intimation that the case would be taken up on the afternoon of May 16.

The single-judge bench of Justice Vivek Agarwal noted that the advocate appearing for the petitioners is an outstation counsel. He has been appearing on behalf of the petitioner consistently, even in the absence of the respondents.

The non-cooperation of the respondents' counsel ought to be dealt with a cost of Rs 25,000/-, the bench sitting at Jabalpur added.

The court adjourned the matter further on the condition that the counsel for the respondents should compensate the petitioner's counsel, Advocate Rajesh Neema, with Rs 5,000/- for commutation expenses.

The remaining Rs 20,000/- should be deposited in the High Court Legal Services Authority, the court held.

“….Learned counsel for the respondents was required to be present, in as much as, on the last date i.e. on 7/05/2024, it was made clear that case will be taken up at 2:15 P.M. Looking to this fact of non-cooperation on the part of learned counsel for the respondents and taking this fact into consideration that Shri Rajesh Nema is an outstation counsel and subject to payment of cost of Rs. 25,000/-”, the court observed in the order.

The writ petition was originally filed by the employee, aggrieved by her dismissal from the service of National Insurance Company, a government-owned public sector undertaking.

Though the court adjourned the matter after imposing the cost, the respondent's counsel didn't turn up on the next posting date of 29^th May either. Considering the fact that the petitioner's counsel is an outstation counsel, the court has adjourned the matter further to 03.07.2024. On 29^th May, the court also warned that no more adjournments shall be granted, and the matter will be heard in the absence of the respondent's counsel if the absence continues.

Advocate Rajesh Nema Appeared For The Petitioner.

Case Name: Smt. Praveen Prakash v. National Insurance Co. Ltd. & Ors.

Case No: WP No. 24633 of 2018

Click Here To Read/ Download Order