Petitioner Threatens Opposing Counsel To Withdraw Written Submissions; Allahabad High Court Dismisses Plea With ₹1 Lakh Costs

The Allahabad High Court recently dismissed a writ petition and imposed costs of ₹1 lakh after taking serious exception to the petitioner's conduct in threatening the opposing side to withdraw written submissions filed at the Court's direction.

A bench of Justice Saurabh Shyam Shamshery observed that a litigant cannot make contact with the counsel for the rival party. The Court further held that the petitioner's conduct could not be condoned and that he was not a bona fide litigant.

The Court, however, took a lenient view after the petitioner appeared in person and tendered an unconditional apology. The bench decided not to initiate proceedings against him for "obstructing the dispensation of justice".

However, the bench dismissed the writ petition with costs of ₹1 lakh. The petitioner was directed to deposit the amount within 72 hours with the High Court Bar Association, Allahabad.

Briefly put, the Court was dealing with a writ petition filed by the Committee of Management, Katyawali Dharmshala Society and another.

The Court had earlier directed both sides to file their respective written submissions, along with copies of the judgments on which they proposed to rely.

However, on October 27, the counsel for the respondents placed before the Court a letter signed by petitioner No. 2, the President of the Committee of Management of the society.

The letter was in the form of a legal notice, whereby petitioner no.2 asked him to withdraw the written submissions which were filed on the direction of this Court. In the said letter, a threat was also issued.

Taking serious note of the petitioner's conduct, the Court also recorded that his counsel had returned the brief in view of the petitioner's conduct. Another counsel appearing for the petitioners was not present.

In view of these circumstances, the Court, in the pre-lunch session, directed the issuance of a non-bailable warrant against Sri Niwas through the concerned CJM. It also directed the Commissioner concerned to ensure his presence before the Court.

However, the matter was again taken up post-lunch at 4:15 PM when Sri Niwas appeared personally and stated that he had tendered an unconditional apology.

The Court, however, made it clear that his conduct could not be condoned. It also noted that even his counsel had not supported his conduct. 

Accordingly, the writ petition was dismissed with costs of ₹1 lakh.