The Supreme Court on Friday came down heavily on a petitioner for filing what the Court deemed a "luxury litigation", and imposed ₹2 lakh costs on the him [Nilesh v Mahesh]..A bench of Justices BR Gavai and Aniruddha Bose directed that the costs be paid in equal parts to the Supreme Court Advocates-on-Record Association (SCAORA) and Supreme Court Bar Association (SCBA)."This is nothing but a luxury litigation between two warring factions to exert control over an educational institution. Thus we impose exemplary costs. Party has to pay ₹1 lakh to SCAORA and ₹1 lakh to SCBA," the bench said. .The Court underscored that when a law requires that something has to be done in a certain manner, it had to be done in that way or not at all. "We warned you of costs but you went on arguing for 22 minutes," the bench remarked..Justice Gavai deprecated the practice of filing luxury litigation and, therefore, found that the costs were justified. The petitioner said that the plea had merit in his opinion. However, the Court stood firm on its decision. "But we warned you. Cost of ₹2 lakh to remain," said Justice Gavai. .This is not the first time the top court has taken a dim view of such petition. Recently, a bench headed by Chief Justice of India (CJI) NV Ramana had taken exception to a counsel for seeking permission to file further written submissions in a matter already reserved for orders."...Best not to list these matters. It appears to be a luxurious litigation," the CJI had said..[Read our live coverage of the hearing here]
The Supreme Court on Friday came down heavily on a petitioner for filing what the Court deemed a "luxury litigation", and imposed ₹2 lakh costs on the him [Nilesh v Mahesh]..A bench of Justices BR Gavai and Aniruddha Bose directed that the costs be paid in equal parts to the Supreme Court Advocates-on-Record Association (SCAORA) and Supreme Court Bar Association (SCBA)."This is nothing but a luxury litigation between two warring factions to exert control over an educational institution. Thus we impose exemplary costs. Party has to pay ₹1 lakh to SCAORA and ₹1 lakh to SCBA," the bench said. .The Court underscored that when a law requires that something has to be done in a certain manner, it had to be done in that way or not at all. "We warned you of costs but you went on arguing for 22 minutes," the bench remarked..Justice Gavai deprecated the practice of filing luxury litigation and, therefore, found that the costs were justified. The petitioner said that the plea had merit in his opinion. However, the Court stood firm on its decision. "But we warned you. Cost of ₹2 lakh to remain," said Justice Gavai. .This is not the first time the top court has taken a dim view of such petition. Recently, a bench headed by Chief Justice of India (CJI) NV Ramana had taken exception to a counsel for seeking permission to file further written submissions in a matter already reserved for orders."...Best not to list these matters. It appears to be a luxurious litigation," the CJI had said..[Read our live coverage of the hearing here]
