Justice SJ Kathawalla, the workaholic judge of Bombay High Court, retires

Bombay High Court judge, Justice Shahrukh J Kathawalla bid farewell today as he demitted office after spending a decade on the Bench..As a single judge, Justice Kathawalla was assigned civil matters, primarily suit and company related cases. Justice Kathawalla was known for his industrious nature often sitting to hear cases well past the court hours.One such noteworthy instance was when he sat till 3.30 am and heard over 100 cases in one sitting. This earned him the sobriquet of “workaholic judge” and the “judge who burnt the mid-night oil”.During the summer break of 2021, Justice Kathawalla who was heading a Division Bench sat for more than 12 hours to complete his board. Later the same week, the Bench sat twice till midnight to finish their board. In fact on the last day right before their vacation assignment was to come to an end, the Bench heard the plea filed by senior IPS officer Param Bir Singh seeking urgent relief. .Justice Kathawalla started to preside a Division Bench from 2019. During the COVID pandemic of 2020, when the Courts were functioning in a limited manner, Justice Kathawalla was assigned matters relating to Brihanmumbai Municipal Corporation (BMC).It was during this period, that the infamous tussle between Kangana Ranaut and BMC reached the courts.Justice Kathawalla led Bench ruled in favour of Ranaut, holding that the manner in which BMC carried out the demolition of a Ranaut's property in a swift manner seemed malicious. .In August last year, Justice Kathawalla's bench had directed Maharashtra government to formulate a State-wide policy for the compensation of any community whose customary rights to carry out an activity for their livelihood is impacted by government infrastructure projects.In fact on the last day as a high court judge, noting that no guidelines had been issued by the State, he directed an interim compensation of ₹10 crores be paid to fishermen community whose livelihood were affected due to an ongoing infrastructure project..“He showed a very keen sense and desire to do justice in the matter. He was perceived as a relief giving judge. He gathered blessings of so many elderly parents who were victims of their ungrateful progeny, he also got grateful thanks from various tenants of rehab buildings who were deprived of property and rent by unscrupulous builders and developers for years,” President of the Bombay Bar Association, advocate Nitin Thakker, told Bar & Bench..Justice Kathawalla also had a keen interest in the welfare of lawyers, particularly young lawyers.Recently, he pulled up a lawyer for sending his junior for mentioning a case without adequately preparing her to respond to the queries of the Court.His Bench also asked the Central government to consider suggestions with respect to the Notaries (Amendment) Bill, 2021 after it was brought to his attention the unprofessional manner in which advocates appointed as notaries were functioning from vehicles parked in public parking and taxis.."I can recount numerous occasions when our chest could swell with pride in his court when wrong doers were punished and dignity of righteous litigants was upheld. As juniors, we learnt what was expected from us as counsel, we got chastised for our mistakes and quite deservingly so," advocate Vishal Kanade, Secretary of the Bombay Bar Association recounted..Another facet of the judge was that he summoned litigants, civic and police officers, corporate executives to Court to answer the judge directly. During hearing of the plea filed by Dhyandev Wankhede against Nawab Malik, Justice Kathawalla led Bench summoned Malik to explain why contempt ought not be issued against him for an alleged breach of the undertaking given in the plea filed by the father of IRS officer Sameer Wankhede.Malik appeared in Court on February 21, two days before he was arrested by ED in a money laundering case. .At the farewell given by the advocates of the High Court, Justice Kathawalla said that judgeship is never a savvy career move but rather a pilgrimage."During his tenure he inspired lawyers to not treat the profession as a mere means of earning a livelihood and attaining prosperity but to make positive contribution to the purpose for which this institution exists the dispensation of justice," Senior Advocate Birendra Saraf said on behalf of all lawyers at the events.