According to him, such cases take up a significant amount of the Supreme Court’s time and should be strongly discouraged.
On Monday, DY Chandrachud, the Chief Justice of India (CJI), suggested imposing pre-hearing fees in commercial cases to prevent the Supreme Court from considering pointless cases concerning business-related issues.
He claimed that these issues take up a significant amount of the Court’s time and should be strictly prohibited.
It is time for the Supreme Court to order anticipatory costs in commercial cases that are brought before it, the CJI said orally. “It is time for Supreme Court to say that first deposit 5 crores cost and if it’s frivolous then the cost will remain with us.”
The Chief Justice of India (CJI) noted that such cases frequently come before the top court as appeals against ad-interim orders of lower courts.
“You are unaware that by coming to the Supreme Court for such issues, you occupy our time. You are contesting a division bench decision that sustained the ADJ’s decision to deny you ad interim relief. Why do we need to intervene? “He questioned.
The Chief Justice also recalled how, when he was a lawyer, the Bombay High Court used to be very tough with such problems.
“When I was in the Bombay High Court, I argued countless instances of these applications, and the judge would frequently inquire as to when the cause of action arose. Your case is over if you inform the judge that it started two years ago. No relief, “said he.
Written by: Lakshman Singh, 3rd Semester B.B.A LL.B (Hons.), Shri Ramswaroop Memorial University, Lucknow