Bombay High Court warns lawyers against unhealthy case mentioning practices

The Bombay High Court on Friday flagged certain “unhealthy” practices adopted by lawyers to mention cases out of turn and seek urgent hearings..Chief Justice Shree Chandrashekhar and Justice Shyam Chandak cautioned against repeated oral mentions without proper filings.The Bench noted that 50 and 100 matters were being mentioned before the Bench each day by lawyers, often without filing proper affidavits or formal applications.It further lamented that most lawyers seeking a mention ultimately only want an adjournment of the case once the Court agrees to take it up urgently. “By now everyone knows, and we are also feeling difficulty that whichever matter is not reaching - You give the (case) numbers, and we will take up those matters first. Most of the circulations are not mentioned. They (lawyers) are happy with the adjournment, again after two weeks or one week. Sometimes, within two days, the circulation (mention) is moved," the Court said. The Chief Justice termed this an unhealthy practice. “This is not a healthy practice. It is unfair and improper. You are burdening the court, the registry. The anxiety of the litigants should not trickle down to the members of the bar. Let a proper procedure be adopted. Some applications be filed, an affidavit be filed, and then get the circulation,” he said..The Court emphasised that any subsequent developments in a case must be formally brought on record through affidavits or appropriate applications, rather than repeated oral requests for a circulation.In the Chief Justice’s court, a system is already in place where lawyers mention matters in the morning for urgent hearings. During the lunch break, lawyers may mention matters listed on the board that require urgent hearing to the court associate. Such cases are taken up accordingly. On an average day, the Court handles around 15–20 matters on the supplementary or urgent list, in addition to 60–70 matters on the regular list.