This Bench dismissed the petition as vexatious abuse of the process of law, observing that the petitioner filed complaints against judicial officers instead of availing standard legal remedies to challenge the impugned order.
Writ petition dismissed with costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.3318 OF 2014
Satyanarayan Swaroopnarayan Khandelwal
-vs-
Registrar General, High Court of Judicature at Bombay and others
Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's Orders.
Mr.S.N.Bhattad, counsel for the petitioner.
CORAM : SMT. VASANTI A. NAIK & P. R. BORA, JJ.
DATE : 15.09.2014.
Heard.
By this petition, the petitioner seeks a declaration that the order passed by the Registrar (Inspection-I), High Court Bombay dated 01/07/2013 asking the petitioner to take recourse to legal remedy, if any, against the orders rejecting the applications filed by the petitioner for grant of temporary injunction and also for appointment of receiver is illegal. The petitioner seeks a discreet enquiry in the petitioner's complaint against the Hon'ble Judge and also the Superintendent.
On hearing the learned counsel for the petitioner and on a perusal of the writ petition, it appears that the petitioner has filed this vexatious petition against the Hon'ble Judge and the Superintendent. The application filed by the petitioner for grant of temporary injunction and for appointment of the receiver was dismissed. Aggrieved by the dismissal of the applications, instead of availing the judicial remedies, the petitioner filed a complaint against the Hon'ble Judge and the Superintendent on the ground that the Pursis annexed by the petitioner along with the written notes of
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argument was not placed on record. If the petitioner was of the view that the Hon'ble Judge did not refer to the various case laws cited on behalf of the petitioner before the Hon'ble Judge, the petitioner could have filed an application or an affidavit stating this fact before the Hon'ble Judge. The petitioner could have also availed the remedies in law like challenging the order rejecting the application for grant of temporary injunction and the order rejecting the other application for appointment of a receiver. The petitioner, however, vexed this Court on the administrative side by filing various complaints against the Hon'ble Judge and the Superintendent. If enquiries are to be conducted against the Hon'ble Judges and the Superintendents on the ground that the list of citations produced by the party is misplaced and the same is not taken on record, it would be extremely difficult for the Courts, i.e. the Judges and the Superintendents to carry on the day-to-day work for the administration of justice. Merely because the petitioner was informed earlier that the complaint filed by the petitioner was disposed of, the petitioner cannot effectively challenge the order dated 01/07/2013 asking the petitioner to take recourse to the legal remedy if available in law against the rejection of the applications for grant of temporary injunction or for appointment of receiver. At the cost of repetition, we could be said that this petition is vexatious and the petitioner has abused the process of law by filing the same.
In view of the aforesaid, the writ petition is dismissed with costs of Rs.3,000/- payable to the High Court Legal Services Sub-Committee, Nagpur within a period of two weeks.
JUDGE JUDGE
KHUNTE
2 issues framed by the court
Whether the writ petition challenging the High Court Bench order to seek legal remedies instead of filing complaints against judicial officers is maintainable.
Whether the petitioner has abused the process of law by filing a vexatious petition.
Satyanarayan Swaroopnarayan Khandelwal
Registrar General, High Court of Judicature at Bombay
VASANTI A. NAIK
P. R. BORA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
