Raj. HC imposes fine on petitioner for failure to share petition copy with caveator

Raj. HC imposes fine on petitioner for failure to share petition copy with caveator

The Rajasthan high court has recently imposed a cost of Rs 2000/- upon the petitioner for non furnishing of the copy of petition to the other side entering into Caveat. The bench was presied over by Justice Sudesh Bansal passing the aforesaid order.

The management in this case submitted an immediate writ petition on September 14, 2023, to challenge the verdict issued by the Rajasthan Non-Government Educational Tribunal on June 7, 2023.

Following which, a Caveat was filed by the respondent-employee on September 3, 2023. The petitioner's legal counsel acknowledges receiving the notice of the Caveat. The name of the counsel who filed the Caveat is also listed in the case docket. However, the petitioner's counsel has not provided a copy of the writ petition in advance to the Caveator's counsel. Consequently, the court had to postpone the proceedings in order to provide a copy of the writ petition to the Caveator.

The court observed that it was the responsibility of the petitioner, knowing that a Caveator was representing the respondent employee, to furnish an advance copy of the case documents to the Caveator.

The court has also determined that since the petitioner's counsel was aware of the Caveator representing the respondent employee, it was essential for the petitioner to provide an advance copy of the case documents to the Caveator. However, the petitioner is given permission to serve a copy of the writ petition within one week, provided that they also submit a fee of Rs. 2,000 to the Litigants Welfare Fund. This fee should be paid via Cheque or Demand Draft made out in the name of the Registrar General LWFA, Rajasthan High Court. The receipt confirming the deposit of the fee should be placed in the case file.

The court has scheduled a hearing for 31.10.2023, alongwith SBCWP No. 12449/2023, which is believed to have been filed by the respondent-employee against the same order.

Case: Management Committee Of St. Johns Diocesan Senior Secondary School Vs. Renu Bala Thomas W/o Archie V. Thomas, S.B. Civil Writ Petition No. 15930/2023.

Read/Download Order: Raj. HC Imposes cost on petitioner

 

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