The Chief Justice of India (CJI), DY Chandrachud on Monday proposed imposition of pre-hearing costs in commercial cases so that frivolous matters involving commercial issues are not brought before the Supreme Court. .He said that such matters eat into a lot of the Court's time and need to be clamped down upon."Time has come to impose anticipatory costs in commercial matters which come to Supreme Court. "It is time for Supreme Court in commercial matters to say that first deposit 5 crores cost and if it's frivolous then the cost will remain with us," the CJI orally remarked.The CJI observed that many a time, such matters before the top court are appeals against ad-interim orders of lower courts."You do not realise that you come to Supreme Court for such matters and take up our time. You are challenging a division bench order which upheld an ADJ order of not granting you ad interim relief. Why should we interfere," he asked..The CJI also recounted how the Bombay High Court used to be very strict with such matters when he was a lawyer. "When I was in Bombay High Court, I have argued umpteen number of such applications and judge used to always ask - when did the cause of action arise? If you tell the judge that it arise two years ago, then your case is gone. No relief," he said.
The Chief Justice of India (CJI), DY Chandrachud on Monday proposed imposition of pre-hearing costs in commercial cases so that frivolous matters involving commercial issues are not brought before the Supreme Court. .He said that such matters eat into a lot of the Court's time and need to be clamped down upon."Time has come to impose anticipatory costs in commercial matters which come to Supreme Court. "It is time for Supreme Court in commercial matters to say that first deposit 5 crores cost and if it's frivolous then the cost will remain with us," the CJI orally remarked.The CJI observed that many a time, such matters before the top court are appeals against ad-interim orders of lower courts."You do not realise that you come to Supreme Court for such matters and take up our time. You are challenging a division bench order which upheld an ADJ order of not granting you ad interim relief. Why should we interfere," he asked..The CJI also recounted how the Bombay High Court used to be very strict with such matters when he was a lawyer. "When I was in Bombay High Court, I have argued umpteen number of such applications and judge used to always ask - when did the cause of action arise? If you tell the judge that it arise two years ago, then your case is gone. No relief," he said.