Mumbai: Bombay High Court imposed exemplary costs of Rs 50,000 on a litigant for the unhealthy practice of consulting a new advocate to challenge a 2001 order in the year 2018, observing that she was “quite audacious” and the 17-year delay was “colossal” and lacking in bona fides. The civil review petition filed in 2018 sought condonation of more than 5,913 days to challenge a 2001 order passed by a single HC judge in a property dispute over a prime Matunga real estate. The 2001 order was passed by consent of both sides.
“If a party has been thoroughly negligent in implementing its rights and remedies, it would be equally unfair to deprive the other party of a valuable right that has accrued to it in law as a result of his acting vigilantly,” said Justice Abhay Ahuja in a Jan ruling made available on May 26, adding, “Laws come to the assistance of the vigilant, not to the sleepy.” “A party who signed consent terms cannot feign ignorance in this fashion,” said HC and dismissed her plea to condone the huge delay. There were eviction suits filed before the small causes court in 1994.
In 2001, HC directed the suit be transferred to HC after the warring parties who belonged to a family agreed in a plea of 1995. Advocate Kaustubh Thipsay, for the review seeker, said she could not file a review within the 30-day deadline due to “improper legal advice” at the time and on becoming legally aware in 2018, engaged a new advocate to file the review plea , denying t.