Mumbai: HC imposes Rs 2 lakh cost on BMC for abusing process of the court

Terming it an “abuse of the process of a court”, the Bombay High Court imposed a cost of Rs 2 lakh on the Brihanmumbai Municipal Corporation (BMC) for seeking a review of its 2019 order.

A division bench of Justices Gautam Patel and Gauri Godse dismissed the review petition filed by the civic body observing, “This petition is a gross abuse of the process of a Court. The fact that it is done by the MCGM only makes it worse.”

The municipal corporation had filed a petition seeking a review of a 2019 order in a lease dispute in which the rule was made absolute. At the time, the court had considered an affidavit filed by one Sudhakar Ramkrishna Mahajan, Assistant Engineer (IPM)-1, on behalf of the BMC. He said in the affidavit that he had gone through the “available relevant records pertaining to the matter under consideration”. He also said that he had “acquainted himself” with the facts and circumstances of the present case” and that he was able to depose to it.

The BMC sought review contending that after the order was passed on September 17, 2019, personnel in the Estate Department, after “sifting” through archives, discovered records that dated even prior to the records relied on by Mahajan while filing his affidavit. This meant that Mahajan’s statements in the affidavit were rendered incorrect.

The judges questioned as to why the “sifting was not possible before an Affidavit in Reply was filed (by Mahajan)”.

“Now we are told in this Review Petition that Mahajan’s statements on sworn affidavit are incorrect. Now we are told that there were records, but to which Mahajan could not have deposed,” said the court.

“… how in the circumstances there could be said to have been “due diligence” on the part of the MCGM in finding the material,” asked the judges.

Stating that the review petition was “entirely without substance”, the HC dismissed it with costs of Rs 2 lakh payable to the original petitioner. 

Published on: Thursday, October 06, 2022, 07:11 PM IST