Dismissing an SLP while imposing ₹20,000 cost, the Supreme Court reprimanded the petitioner as the matter was concerning to mere 'adjournment of case'.
"This Court is not a walk in place only because Chandigarh happens to be in the proximity to Delhi", the Bench comprising of Justice Sanjay Kishan Kaul and Justice Sundresh fumed.
The petitioner herein had filed and SLP under Article 136 of the Constitution of India seeking quashing of High Court contending that it erred in mechanically adjourning the matter for three months without issuing notice to them and that the long adjournment without any interim protection would take away their right to approach a Higher Court.
The Court while scathing noting that the SLP has been preferred not on any other fact or even the fact that the order is wrongly recorded but that the High Court erred in mechanically adjourning the matter, said:
"We do not know why the adjournment was requested- whether the counsel was not ready or whether there were lack of material instructions from the petitioner to the counsel! The fact remains that the learned Judge only obliged the counsel for the petitioner by accepting the request for adjournment."
The Court termed it as misuse of law and accordingly fined the petitioners for wasting judicial time.
"If this is not a misuse of process of law, one can say little else", the Court said.
Read Order Here:
SOURCE ;.latestlaws.com
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