Delhi High Court slams “baseless” plea to shift rent recovery case, slaps petitioners with Rs 50,000 fine
In a strongly worded decision, the Delhi High Court has thrown out a petition asking to move a rent recovery lawsuit from Tis Hazari Court, calling the claims nothing more than a “figment of infertile imagination.” The court also hit the petitioners with a Rs 50,000 penalty.
Justice Saurabh Banerjee, hearing the case alone, ruled on the request to transfer the suit—seeking recovery of rent, mesne profits, and damages—from Commercial Court-01 at Tis Hazari to another court in the same district. The petitioners had accused the trial judge of bias, pointing to what they called a “friendly” exchange with someone linked to the opposing side.
But Justice Banerjee wasn’t convinced. He described the allegations as “mere whims and fancies” with no solid proof. “This petition is nothing but a figment of the infertile imagination of the petitioners,” he wrote, backed by “bald assertions without any basis.”
The court pointed out how the petitioners had fully engaged in the original case. They showed up in person multiple times, filed written statements, truths, admissions, and affidavits—showing no real issue until now.
Adding to the skepticism, Justice Banerjee noted that the petitioners had earlier filed a similar transfer request with the Principal District and Sessions Judge but dropped it. They didn’t mention this in their High Court filing or attach any records, which raised more red flags.
“The petitioners are trying to cast unwarranted, fictitious, and fallacious aspersions on a sitting judge through flimsy, misleading, and mythical claims,” the judge observed. These accusations went against the court records and lacked any support.
With no merit found, the Delhi High Court dismissed the transfer petition outright. It ordered the Rs 50,000 cost to go toward the Delhi High Court Bar Association’s Lawyers’ Social Security and Welfare Fund. The order stressed the court’s serious concern over what it called a “cooked-up imaginary story” to delay proceedings.
This ruling highlights the Delhi High Court’s firm stance against unfounded bias claims in rent recovery suits and other civil cases, aiming to keep judicial processes fair and efficient.
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