Justice GS Patel of the Bombay High Court made some severely sarcastic remarks in an order dated February 22 while hearing a commercial suit filed by Gillette India.
According to the order, plaintiff’s counsel Nimay Dave sought “several weeks’ time” to file a “substantial rejoinder” since the defendant’s reply was substantial. The matter was sought to be adjourned till April 15, 2017. This may have irked Justice Patel, he went on to observe-
“Far be it for me to come between Mr Dave and his filings.
I have no doubt that a Sur-Rejoinder will also then be necessary. Rather than wasting time in an application for adjournment: Affidavit in Sur-Rejoinder to be filed and served on or before 15th June 2017 and this will be followed by a month’s time until 20th July 2017 for an Affidavit in Sur-Sur-Rejoinder.”
Justice Patel then went on to narrate future consequences in the matter as a result of such lengthy filings. He said-
“At this point all filings will stop. By then the record should have crossed at least 2000 pages. It will take any Court some time to read all this material. Hence, list the matter for direction very low on board on 3rd November 2020.”
Then the actual issue of delay caused by such filings and application for adjournments was addressed by the court.
“There is not the slightest urgency, and this is evident from the delay thus far and the application for three weeks’ time for an affidavit in rejoinder. “
Court then proceeded to state that no application for priority hearing will be entertained, unless the Plaintiffs deposit an advance amount of not less than Rs.10 lakhs to cover a potential order of costs “for this attempt to consume scarce judicial time in a battle over advertisements of rival depilation products for women.”
Read the Order Here.