'Personal Interest Litigation' In The Form Of A PIL: Karnataka High Court Imposes Rs 10 Lakh Cost On Petition Filed Over Business Feud

A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum while dismissing the plea filed by one Prashant Amin noted, "The petitioner had suppressed the fact that the plea was against his former business associate and the plea was not in public interest but more in the nature of personal interest litigation."

The court directed the petitioner to deposit the amount with the Advocates' Clerks welfare fund within 30-days. The court said, "In the considered opinion of this Court, the present case is a personal interest litigation in the form of the PIL."

The petitioner had filed the present public interest litigation claiming that the respondent, Raj Fish Meal and Oil Company was discharging fish and other pollutants, without treating them, directly into the environment. During the hearing, the counsel for respondent 6 (Company) informed the court that the present petition is not a PIL at all. In fact, the petitioner had received ₹95 crores from the respondent company over a period of time. After breaking the contract with the respondent, the petitioner had proceeded to file the instant PIL.

The court observed,

"This is a personal interest litigation by a person who was having business interests with Respondent 6. This is a sheer misuse of the process of law. The petition not only deserved to be dismissed but dismissed with exemplary costs. The petitioner is directed to deposit Rs 10 lakhs with the Karnataka Registered Advocates' Clerks Association as a large number of Clerks are affected on account of COVID-19."

The deputy commissioner of Udupi has been directed to take further steps to recover the cost from the petitioner within 30 days, if he fails to deposit the amount.

Case Title: Prashanth Amin And The Karnataka State Pollution Control Board

Case No: WP 2866/2021