Delhi HC raps litigants for "imaginary story", dismisses transfer plea with Rs 50,000 cost

New Delhi [India], October 3 : The Delhi High Court has come down heavily on two petitioners seeking transfer of a commercial suit, terming their plea "a figment of infertile imagination" and "based on mere whims and fancies."
Justice Saurabh Banerjee observed that the petitioners had made "flimsy, misleading and mythical assertions" against a sitting trial court judge without any credible material to substantiate their claims.
The case arose from a petition seeking the transfer of a recovery suit pending before the District Judge at Tis Hazari Court.
The petitioners alleged bias after claiming that the presiding judge had addressed someone, supposedly associated with the respondents, in court in a "friendly manner".
The High Court, however, rejected these allegations, noting that the petitioners had actively participated in the proceedings, filed their written statement and affidavits, and even approached mediation. Despite this, they withheld relevant details from the court while attempting to cast aspersions on the trial judge.
Taking serious objection to the attempt, Justice Banerjee remarked that the petition was filed by "making and cooking up an imaginary story" and was nothing more than an effort to malign the judicial process.
Finding no merit in the plea, the High Court dismissed the transfer petition and imposed a cost of ₹50,000 on the petitioners, directing the amount to be deposited with the Delhi High Court Bar Association Lawyers Social Security and Welfare Fund within two weeks.