Holding that far too often the courts are burdened with dishonest litigants dodging debts by resorting to non-existent, mercy jurisdiction of writ courts, the Madras High Court imposed a cost of Rs one lakh while dismissing a plea which sought a home finance company to accept its one-time settlement proposal submitted.
Madras High Court (File Pic)
Chennai:
The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy before whom the plea came for hearing said: “It is high time that such frivolous litigations are brought to an end and the dishonest debtors appropriately rewarded.”
It also noted that this is another of those frivolous matters in which the Writ Court has been approached for a writ in the nature of mandamus directing the bank, even though it is a nationalised bank, to resolve its commercial dispute with its constituent in a particular manner.
“It is too late in the day to remind the petitioner that such authority does not vest in the Writ Court in the exercise of its power under Article 226 of the Constitution,” the court said noting that there is an efficacious alternative remedy for the petitioner and the governing law recognises the same.
“The petitioner is left free to pursue the grievance before an appropriate forum under law. For the present misadventure, the writ petitioner will pay costs assessed at Rs 1 lakh to the respondent bank which the bank will be entitled to recover as an additional debt under the governing law,” the bench led by the Chief Justice added while dismissing the plea.
The petitioner P Sudhakar had sought directions from the court to a bank so that they may consider his representation for an amicable settlement in a matter concerning repayment of a loan.
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