The Bombay Lawyers Association (BLA) has moved the Bombay High Court over the inconsistent procedure for mentioning of cases before different benches..Currently, after petitions are filed, lawyers make a mentioning before the roster bench to request an early listing date, if the matter is urgent. Without such mentioning, it may take days or even weeks before the newly-filed cases are listed. BLA has stated that the format and procedure for mentioning differs from bench to bench.A Bench of Justice AS Gadkari and Justice Kamal Khata heard BLA's plea on January 30 and posted it for hearing on February 27."Mr. [RS] Datar, learned Advocate appearing for Respondent [High Court] seeks time to take instructions," it said in the order..In the plea filed through advocate Eknath Dhokale, BLA has contended that these procedural variations for mentioning violate the fundamental right to access justice and the principles of natural justice.The plea explains that while some judges permit oral mentioning, others require written requests. Some judges have even mandated the use of online forms, while others insist on in-person submissions to court clerks, the plea states..This lack of consistency causes delays and arbitrary decisions, ultimately depriving litigants of a fair opportunity to urgent hearing, the bar body has contended.The BLA has proposed the implementation of an automated listing system to ensure that all newly filed matters are placed before the relevant bench within four days, thereby eliminating the need for mentioning..Senior Advocate NS Nappinai along with advocates Jamshed Mestry and Priyanka Kumar appeared for Bombay Lawyers Association.Advocate RS Datar appeared for the High Court. .[Read Order]
The Bombay Lawyers Association (BLA) has moved the Bombay High Court over the inconsistent procedure for mentioning of cases before different benches..Currently, after petitions are filed, lawyers make a mentioning before the roster bench to request an early listing date, if the matter is urgent. Without such mentioning, it may take days or even weeks before the newly-filed cases are listed. BLA has stated that the format and procedure for mentioning differs from bench to bench.A Bench of Justice AS Gadkari and Justice Kamal Khata heard BLA's plea on January 30 and posted it for hearing on February 27."Mr. [RS] Datar, learned Advocate appearing for Respondent [High Court] seeks time to take instructions," it said in the order..In the plea filed through advocate Eknath Dhokale, BLA has contended that these procedural variations for mentioning violate the fundamental right to access justice and the principles of natural justice.The plea explains that while some judges permit oral mentioning, others require written requests. Some judges have even mandated the use of online forms, while others insist on in-person submissions to court clerks, the plea states..This lack of consistency causes delays and arbitrary decisions, ultimately depriving litigants of a fair opportunity to urgent hearing, the bar body has contended.The BLA has proposed the implementation of an automated listing system to ensure that all newly filed matters are placed before the relevant bench within four days, thereby eliminating the need for mentioning..Senior Advocate NS Nappinai along with advocates Jamshed Mestry and Priyanka Kumar appeared for Bombay Lawyers Association.Advocate RS Datar appeared for the High Court. .[Read Order]
