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Civil · Reportable judgment

Pandurang Vithal Kevne vs Bharat Sanchar Nigam Limited & Anr.

Court
Supreme Court of India
Date
20 December 2024
Case No.
Special Leave Petition (C) Diary No. 56230 of 2024
Bench
J.K. Maheshwari, Rajesh Bindal
Citation
[2024] 12 S.C.R. 2113 : 2024 INSC 1051
Supreme Court Reports [2024] 12 S.C.R. 2113 : 2024 INSC 1051
Issue for consideration
Whether the High Court rightly disallowed Petitioner’s application for condonation of delay and rejected the second review petition in light of Petitioner’s repeated and frivolous litigation.
Headnote

Condemnation of unscrupulous litigation – Jumping from one forum to another despite the issue being well-settled through reasoned orders – A stark example of blatant misuse and abuse of the judicial process – Forum shopping by filing repetitive and meritless pleas in Supreme Court and High Court – Repetitive and meritless pleas deliberately delays proceedings – Wastes the court’s valuable time and resources and hinders efficient addressal of genuine and timely claims:

Held: The Petitioner repeatedly filed numerous meritless petitions, appeals and motions in multiple legal and administrative forums, even though his grievances had been well-settled through reasoned orders – The right to access the courts is a cornerstone of democracy, however, the right is not absolute and must be exercised responsibly – The Petitioner’s relentless and frivolous litigation spree has wasted the Court’s valuable time and resources, and is one of the reasons which results in choking the dockets in courts – Litigants engaging in forum shopping deliberately delay proceedings, eroding the very foundation of the legal system. [Paras 2-3, 17-18]

Consequences of filing frivolous appeals and petitions – Deterrence against such appeals and petitions by imposition of costs – Unscrupulous litigants polluting the stream of justice, putting hurdles in its dispensation to others – Heavy cost on Petitioner a clear message to others for not daring to play with the Judicial System – Duty of Courts to curb such type of litigation:

Held: Condemning litigants who use the justice system for their benefit and attempt to pollute the streams of justice, this Court discussed raising deterrence against such frivolous pleas by imposing costs on the litigating parties – Based on previous well-reasoned orders of the Bombay High Court and the Supreme Court, the Special Leave Petition was dismissed as the Supreme Court found no merit in the Petition – Therefore, the application for condonation of delay was also dismissed – A cost of ₹1,00,000/- (Rupees One Lakh) was imposed on the Petitioner to give a clear message to unscrupulous litigants who are polluting the stream of justice and putting hurdles in its dispensation to others – It is the duty of the Courts at different levels to curb such type of litigation that chokes the justice system resulting in delays in decision of other cases. [Paras 19-23]

Keywords: Special Leave Petition · Second Review Petition · Condonation of delay · Industrial dispute · Frivolous litigation · Forum shopping · Meritless pleas · Imposition of costs · Blatant misuse of judicial process

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankitesh Ojha, Hony. Associate Editor (Verified by: Liz Mathew, Sr. Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order Rajesh Bindal, J. 1. The present Special Leave Petition has been filed impugning the order dated 11.06.2024 vide which the High Court1 was pleased to disallow the petitioner’s Application for condonation of delay2 and rejected the Second Review Petition.3 2. This Special Leave Petition before us is yet another stark example of the blatant misuse and abuse of the judicial process. The petitioner, seemingly blinded by his own sense of grievance, has embarked on a relentless and frivolous litigation spree, dragging this Court and the High Court through multiple meritless review petitions
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