Clear Case Of Abuse Of Process: Kerala High Court Refuses To Condone Delay Of Over 1000 Days For Lack Of Exceptional Circumstances

The Kerala High Court recently declined to allow an application that sought to condone the delay of 1062 days in preferring the Review Petition since the applicant had failed to make out a sufficient cause for the excessive delay. 

A Division Bench of Justice Raja Vijayaraghavan V and Justice T.R Ravi observed,

"We have no doubt in our mind that this is a clear case of abuse of process of this Court. The petitioners have neither made out any case on merits nor have they given us a valid reason to condone the delay of over 1000 days. Though this is an eminently fit case for imposition of exemplary costs, in view of the fervent submissions of the learned counsel, we desist from doing so." 

The "chequered history" of the case at hand is as follows:

The respondent herein was the landlord of a multistoried building which was leased out to a Nationalised Bank, viz the petitioner.

In 2009, the respondent sought fixation of fair rent under Section 5 (1) of the Kerala Buildings (Lease and Rent Control) Act, 1965. In 2012, the Rent Control Court fixed the fair rent at Rs 40/ per square foot. 

Although the above order was challenged, it was confirmed by the Appellate Authority and thereafter by the High Court as well in 2017. 

However, regarding the locus standi of the landlord to maintain a petition to get the rent re-fixed, the High Court directed the matter to be remanded back as it felt that cogent materials were lacking before the Subordinate Courts to fix the rent at Rs 40/sqft.

After the remand, the Rent Control Court fixed the fair rent at Rs. 35/- per square feet, which was upheld by the Appellate Court and the High Court in 2020. 

Thereafter, the applicants chose to file a Review Petition seeking to review the Orders of this High Court passed in 2017 and 2020 respectively. 

"We find no reason to condone the delay or to entertain this Review Petition. We find that none of the contentions raised by the petitioners in the review petition was ever raised by the petitioners at the time of filing R.C.R. No.154/2014. The order of remand passed in the Revision Petition was pursued and the petitioners had adduced additional evidence before the Rent Control Court. The order passed by this Court has worked itself out. The order passed by the Rent Control Court after the remand was upheld by the Appellate Authority."

The orders passed by the subordinate courts were challenged before the High Court yet again through a Revision Petition. Considering all the contentions raised by the petitioners, the High Court refused to interfere.

"It appears to us that the petitioners are attempting a novel form of Forum Shopping," it remarked.

Accordingly, the Court held that this was a clear case of abuse of process of law. The application was as such dismissed along with the unnumbered review petition. 

Senior Advocate Ramesh Babu appeared for the petitioners as instructed by Advocate C. Muralikrishnan while Advocate Praveen K Joy represented the respondent.  

Case Title: Canara Bank & Ors v. Deva Properties Ltd. 

Click Here To Read The Order