Delhi High Court’s Unique Directive for Lawyers in Costs Waiver Case
In a recent ruling, the Delhi High Court presented an unusual yet creative condition for lawyers representing a litigant. As per the court’s directive, the counsel must distribute samosas and tea to the employees of the Delhi High Court Bar Association (DHCBA) to have previously imposed costs waived. This decision was articulated in an order dated September 17 by Justice Saurabh Banerjee, which requires compliance within one week.
Background of the Case
The case in question involves Indus Birra Beverages and its officials, who were embroiled in a cheque bounce case. The company sought to annul a criminal complaint lodged under the Negotiable Instruments Act. Initially, on August 20, the court dismissed the company’s petition and levied a ₹50,000 cost for failing to fully disclose a trial court order. The petitioners subsequently filed an application to have this cost waived.
Court’s Creative Solution
In response to the waiver application, Justice Saurabh Banerjee agreed to eliminate the costs under a unique condition: the distribution of tea and samosas to the DHCBA staff. This directive is seen as an attempt to balance judicial efficiency with a touch of levity, while still enforcing accountability among litigants.
Legal Representation
Senior Advocate Bahar-U-Barqi, along with advocates Rahul Pal and Subham Prasad, represented the petitioners in this case. Advocate Mathur Arora appeared on behalf of the respondent.
The Delhi High Court’s decision underscores the importance of full disclosure in legal proceedings and exemplifies an innovative approach to enforcing court orders. Although this directive may seem unorthodox, it reflects the court’s discretion in handling procedural matters with a blend of seriousness and creativity.
