CJI: Time to impose pre-hearing costs in commercial cases filed in SC


New Delhi: In a bid to curb filing of frivolous matters involving commercial issues, Chief Justice of India D.Y. Chandrachud on Monday proposed imposition of pre-hearing costs in commercial cases.

The Chief Justice orally observed that time has come to impose anticipatory costs in commercial matters which come to the Supreme Court, so that frivolous matters are not brought before the apex court.

He added that such matters consume a lot of court’s time and “it is time for the Supreme Court in commercial matters to say that first deposit Rs 5 crore cost and if it’s frivolous, then the cost will remain with us”.

He emphasised that it is important to clamp down on such matters and recalled that Bombay High Court used to be very strict with such matters when he was a lawyer.

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He said: “The judge used to always ask — when did the cause of action arise? If you tell the judge two years ago, then your case is gone. No relief.”

He further remarked that many times matters before the apex court are appeals against ad-interim orders of lower courts.

He said: “You do not realise that you come to the Supreme Court for such matters and take up our time.”


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