Supreme Court DecisionsSupreme Court Mandates Pre-deposit For Early Hearing

May 2, 20160
Supreme Court on Pre Deposit For An Early Hearing
Supreme Court on Pre Deposit For An Early Hearing
For the first time , the Supreme Court of India on realising the fact that corporate entities are pleading for early hearings and corporate matters consume a lot of judicial time , it ordered to make pre-deposit  for hearing their case on priority   .
A  Supreme Court bench headed by Chief Justice of India TS Thakur directed Star India and BCCI, on 29th April 2016 , to make a pre-deposit of Rs 50 lakh each for an early hearing  .
The bench observed that
People file cases and take chances here without realising what will happen,” .
Incidentally , it started with a day after Attorney General Mukul Rohtagi suggested for direction of  pre-deposits in corporate cases. He suggested the same during the clarification sought from the  Governement of India , by Supreme Court of India , on  the creation of National Courts of Appeal in four regions .
It is interesting to note that the bench further observed on quantum of pre-deposit
It should be ideally 10 times the fees charged by you (senior advocates) for one hearing… it should be one crore (rupees) since you take 10 lakh (rupees).”
The bench even told the advocates that  corporate matters were taking a lot of time.
You must make some payment. We will hear your case only after that,”
The senior advocate Abhishek Manu Singhvi, appearing for Star India, suggested Rs 25 lakh,but  the court agreed  for Rs 50 lakh only . The court directed to make deposit in 4 weeks time with SC registry and said that the case will be heard in July provided the  payment is made by such time.
It is also not known as to what shall be done with such deposit . However, such deposit are generally used for rendering pro bono legal services to those litigants who cannot afford the legal fees.
It is also pertinent to note that there  are 26 judges including the CJI in SC against the sanctioned strength of 31judges . Whereas, till the date  more than 60,000 appeals  are awaiting for final disposal in Supreme Court of India .

Leave a Reply

Your email address will not be published. Required fields are marked *

Current day month ye@r *

© 2020-21 AMLEGALS Law Firm in Ahmedabad, Mumbai, Kolkata, New Delhi, Bengaluru for IBC, GST, Arbitration, Contract, Due Diligence, Corporate Laws, IPR, White Collar Crime, Litigation & Startup Advisory, Legal Advisory.

 

Disclaimer & Confirmation As per the rules of the Bar Council of India, law firms are not permitted to solicit work and advertise. By clicking on the “I AGREE” button below, user acknowledges the following:
    • there has been no advertisements, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
    • user wishes to gain more information about AMLEGALS and its attorneys for his/her own information and use;
  • the information about us is provided to the user on his/her specific request and any information obtained or materials downloaded from this website is completely at their own volition and any transmission, receipt or use of this site does not create any lawyer-client relationship; and that
  • We are not responsible for any reliance that a user places on such information and shall not be liable for any loss or damage caused due to any inaccuracy in or exclusion of any information, or its interpretation thereof.
However, the user is advised to confirm the veracity of the same from independent and expert sources.