Delhi High Court Fines Litigants ₹50K For Casting 'Mythical' Aspersions Against Judge

The Delhi High Court has fined two litigants for filing a transfer petition by “making and cooking up an imaginary story” and casting aspersions based on “misleading and mythical” assertions on a sitting trial court judge.

Justice Saurabh Banerjee took a serious objection to the filing of the petition and dismissed it with a costs of Rs. 50,000 to be deposited with the Delhi High Court Bar Association Lawyers Social Security and Welfare Fund.

The litigants sought transfer of a civil suit, in which they were named as defendants, pending before a District Judge of Tis Hazari Courts, to any other Court within the same district.

The proceedings between the parties related to a suit for recovery of rent, mesne profits and damages.

The transfer was sought on the ground that the ADJ allegedly addressed one of the plaintiffs to the suit in a friendly manner.

Justice Banerjee noted that the matter was referred to mediation on July 17 and that the parties appeared before the mediation centre on July 21. The Court also noted that one of the petitioners once again appeared in person along with a lawyer before the ADJ on August 28 and September 03.

The Court also noted that the counsel for petitioners agreed that they had filed their written statement alongwith the statement of truth and admission or denial affidavit of the documents of the plaintiffs prior to August 28.

“Surprisingly, despite thereto, the petitioners have chosen neither to aver anything qua them in detail nor to file any of the aforesaid before this Court. However, all the orders have been handed over by learned counsel for the respondents appearing on advance notice,” the Court said.

Justice Banerjee also took exception to the petitioners' conduct of not revealing the fact of them filing a similar transfer petition before the concerned Principal District and Sessions Judge which was later withdrawn.

Rapping the litigants, the Court observed that the petition was based on “mere whims and fancies” and was nothing but a “figment of infertile imagination” of the petitioners with “bald assertions without any basis.”

“The petitioners by way of the present petition are trying to cast unwarranted, fictious and fallacious aspersions by making flimsy, misleading and mythical assertions on a sitting Judge of the learned Trial Court, which are not only contrary to the records before this Court but also without any backing thereto,” the Court said.

It added: “This Court, in any event, takes a serious objection to the filing of the present petition, and that too by making and cooking up an imaginary story. In view thereof, and finding no merit therein, the present petition along with applications, if any, is dismissed….”

Title: NEETI SHARMA & ANR v. KAILASH CHAND GUPTA & ORS

Citation: 2025 LiveLaw (Del) 1226

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