The Delhi State State Legal Services Authority (DSLSA) has approached the Delhi High Court seeking execution of the order directing Bollywood actress Juhi Chawla and two others to pay ₹20 lakh cost imposed on them for filing petition against rollout of 5G technology [Delhi State Legal Services Authority v Ms Juhi Chawla and Ors].
On Friday, the DSLSA argued before Justice Amit Bansal that though the order was passed in June, Chawla and others are yet to comply with it.
Chawla’s counsel, Deepak Khosla, told the judge that an appeal has been filed by them challenging the single-judge’s order before the Division Bench and the case will be taken up on January 25.
However, DSLSA has said that the appeal was preferred only after it sent a notice for recovery of the costs and that no stay has been granted by the Division Bench.
Justice Bansal after hearing the parties deferred the matter till February 3.
The Delhi High Court had on June 4, imposed costs on Chawla and other plaintiffs for abusing the process of law by filing suit against 5G rollout.
The Court had ordered that costs have to be deposited with DSLSA within one week to be used for the cause of the victims of road accidents.
In its petition moved through advocates Saurabh Kansal and Pallavi S Kansal, DSLSA said that they had sent a legal notice to the respondents to deposit the money but they replied stating that there are good grounds for them to challenge the order.
However, DSLSA pointed out that no challenge was filed till October 28, 2021 despite the fact that the period of limitation had expired long back.
“That till October 2021, the plaintiffs had not filed any appeal against the order dated June 4, 2021 and the period of limitation had expired way back, hence the applicant again sent legal notice to the judgments debtors thereby requesting them to submit the cost in terms of order dated June 4, 2021 passed by this Hon'ble Court but to no avail,” said the petition.
The petition added that the debtors filed the appeal only on December 23, 2021 and it is now listed for January 25.
The Delhi High Court had, in June last year, imposed costs of ₹20 lakh on Juhi Chawla observing that the suit was filed to garner publicity noting that she had circulated the web link of the hearing on social media.
Though an application was later moved by the actress seeking waiver of cost, the Court expressed its displeasure and shock over the plaintiff’s conduct and reiterated its earlier order.
“The Court is shocked with the conduct of the plaintiff. Firstly, this is a frivolous action and secondly, the Court has gracefully granted the plaintiffs permission to withdraw with application on costs which they haven't even deposited. Dispose of after the costs of ₹20 lakh have been paid by the plaintiff," the Court had said.