Counsel's failure to argue written submissions is not a ground of review: Bombay High Court

By - Sameeksha Negi*

The Bombay High Court has observed that “If Counsel has not urged a point, the fact that there were written submissions is immaterial if those written submissions were never in fact argued.” The Bench also added that “Counsel’s failure to argue written submissions is not a ground of review or, I dare say, even appeal. It is no ground to assail any order of any judge of any court.” 

The bench was hearing a review petition filed for seeking reinstatement of original arbitration petition on grounds some of which were never argued and others never pleaded and the said petition was filed after the original arbitration petition was fully argued, and then decided by pronouncement in open court.

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According to Justice GS Patel allowing parties to take grounds in review pleas or in appeals that were not argued initially injects an impermissible level of uncertainty into the whole decision-making process. “this Review Petition is not only thoroughly misconceived but is also deliberately mischievous, and quite possibly vexatious”, the bench observed.

Holding this view, the court dismissed the review petition after imposing a cost of Rs. 5 Lakhs on the petitioners. “...the purpose of a court is to make time for a litigant. But no litigant is entitled to squander or waste the time of the court. That is as unfair to a court as it is to other litigants waiting in line.”, the bench observed.

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“If the written submissions were to be relied on, that ought to have been done during arguments, or, at any rate, while judgment was being dictated in open court or at best shortly after the judgment or order was uploaded,” the bench held while dismissing the petition.

CLICK HERE TO READ JUDGMENT.

*Sameeksha Negi has completed LL.M. from IMS Unison University, Dehradun this year.