NEW DELHI: A bench headed by Justice J B Pardiwala, which had recently passed scathing remarks against a Allahabad high court judge for allowing criminal proceedings in a civil matter, was a portrait of restraint when it found itself dealing with a similar case on Wednesday. “This time I am not going to lose my cool,” Justice Pardiwala said at the outset with a smile on his face. The case before it, in which an FIR was filed against a couple for not paying their dues to a seller, who lodged a complaint for recovery of the money, had been adjudicated by the Rajasthan high court. Granting anticipatory bail to the couple, the court said that litigants were forced to move the apex court for relief because proper law was not being applied by lower courts and high courts, which leads to unnecessary litigation and harassment of litigants. In this case, the couple had purchased plywood from a seller and paid Rs 3 lakh but then allegedly refused to pay the balance amount of Rs 12 lakh, making the seller file a case against them. tnn

The bench held that the problem of not following well-settled law was prevalent across the country and said a little application of mind by HCs would go a long way in curbing such litigation.Appearing against the couple, state govt questioned their conduct, as they had been on the run. The bench, however, said this could be because of the fear of police.The bench also disapproved of the stand of the public prosecutor before the HC, contending that it would not be possible to recover the money if bail was granted to the couple. “According to the state, police machinery is required to be involved in the recovery of money. Why do you want police to be involved for recovery of money – to squeeze the remaining amount for the seller?” it asked the advocate appearing for the state.