Bom HC | [COVID-19] |Costs imposed for listing non-urgent matter, inspite of Court’s circular for steps to be taken for prevention of Coronavirus, in which listing of only ‘Urgent Matters’ was specified

Bombay High Court: G.S. Patel, J. while imposing costs for non-urgent matter being listed, stated that,

“I have already issued a notice saying that it is not necessary to mention matters for circulation and, for convenience of the Bar and to save time, parties are allowed to put in praceipes for matters that are truly urgent and if no urgency is found costs will be imposed.”

Bench stated that the present listing for ad-interim reliefs is throughly irresponsible. It is is a regular contempt petition and there can be no urgency for the same.

Looking at the above, there are two possible solutions,

First is to completely withdraw the facility extended to the Bar and instead to require everybody to  consume the better part of an hour or more mentioning matters making out a ground for urgency before circulation.

Other alternative stated by the bench was of imposing costs as mentioned in the notice, which is preferable by the bench.

“It is not unreasonable to expect Advocates to inform their clients of what is and is not possible or permissible, and not to act on their every wish.”

Thus, in view of the above, costs of Rs 15,000 against the plaintiff are imposed, also the matter will be listed last on 26-06-2020 and no opportunity to mention the same either for an early listing or priority listing on supplementary board. [Chandrakant Mulchand Shah v. Jiraj Developer LLP, Notice of Motion No. 2421 of 2018, decided on 16-03-2020]

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