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  • In Charu Kishor Mehta v. Prakash Patel & Ors, the Apex Court recently observed that the Indian judicial system is highly afflicted with frivolous and false litigation and how a new category of litigants is emerging who are more interested in filing a case without a care for the truth.
  • The Hon'ble Court upheld the Bombay High Court's order wherein it imposed a fine of Rs. 5 lakhs on a 78 year old woman as she consistently tried to abuse the process of law and of the Court.  
  • In this case, an SLP was filed before the Apex Court to challenge a decision of the Bombay High Court which dismissed the petitioner's appeal with a cost of Rs. 5 Lakhs.
  • The appeal in the High Court was filed against a decision of the Trial Court where her suit for a stay of the auction under the SARFAESI was rejected.
  • The Ld. Court noted that the petitioner has absolute disregard for the procedure of law and of the Courts.
  • The Court further observed that she filed numerous petitions before various forums upto the Apex Court while deliberately hiding the absolutely relevant facts.
  • The Court also noted that considering the old age of the petitioner, contempt proceedings will not be initiated against her and therefore, imposition of the fine is the suitable punishment.
  • The Apex Court upheld the orders of the Hon'ble High Court and the Ld. Trial Court.
  • Accordingly, the appeal was dismissed.


 

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