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| DB imposes costs of Rs 10000 to appellant for filing frivolous litigation | | | EARLY TIMES REPORT
SRINAGAR, Feb 3: A Division Bench of J&K High Court comprising Justice Sanjeev Kumar and Justice Vinod Chatterji Koul dismissed the appeal filed by Prof Abdul Gani Bhat with costs of Rs 10000.
While dismissing the appeal, Division Bench observed that the appellant has filed the instant appeal. In the instant appeal also a notice was issued on 20.3.2017. Thereafter the matter has been listed on numerous occasions so as to enable the appellant to take steps for the service of the respondent but he has failed to take such steps. On 27.11.2018 further time was granted to the appellant to take steps for service on the respondent. Today when the case was called out the appellant appeared in person and submitted that he was not obliged to take steps for service of the respondent and rather it is the duty of the court to do the needful. He exhibited the conduct in the court which was totally unbecoming of an educated litigant. As rightly observed by the single bench that the application filed by the appellant purportedly under section 476 of the CrPC is sheer abuse of process of law and, therefore not tenable for the reasons indicated by the single bench in the judgment impugned and reproduced hereinabove. While we find no reason to disagree with the view taken by the writ court, yet for another reason that is that the petitioner has failed to take requisite steps for the service of respondent despite having been granted numerous opportunities since March 2017, this appeal is liable to be dismissed. It may be noted that even if whatever stated by the appellant in the application is taken to be correct on its face value, no case is made out for initiating contempt against the respondent under section 195 of the CrPC nor the provisions of section 476 CrPC can be invoked. As rightly observed by the writ court, the appellant by filing application has not only abused the process of law but has also unnecessarily wasted the precious time of the court.
With these observations, Division Bench observed that this appeal is found to be utterly misconceived and frivolous and therefore is dismissed with costs of Rs 10,000 to be deposited by the appellant in the Registry of this court within four weeks from today. It is made clear that in case the cost is not deposited by the appellant within the stipulated period, the same shall be treated as contempt of this court and appropriate proceedings thereof shall be initiated against the appellant.
—JNF |
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