Jai Raj Bhati
The Delhi High Court on December 18, 2024 dismissed a writ petition filed by Rahul Mavai, citing an inordinate six-year delay in filing and an insufficient explanation for the lapse. The petition sought to challenge an order passed by the Tribunal on July 17, 2018 in the case of Rahul Mavai v. Union of India.
The petitioner, who belongs to a socioeconomically weaker section, alleged that his previous counsel misled him regarding the status of the case. He further stated that he only became aware of the lawyer’s inaction in August 2024, after which he lodged a complaint with the District Bar Association Gurgaon and retrieved his case file following a heated argument.
A Division Bench comprising Justice C. Hari Shankar and Justice Anoop Kumar heard arguments from both sides. The petitioner was represented by Advocate Mr M.K. Gaur and presented his arguments by citing landmark cases Rafiq Anr v. Munshilal Anr, (1981) Ajit Kumar Singh Ors v. Chiranji Lal Ors, (2002)
The respondent, represented by Mr Vinay Yadav, Senior Panel Counsel, along with Mr Vedansh Anand and other advocates, argued that the arguments were not on reasonable grounds and were prejudicing the matter.
The Court underscored that while the negligence or misconduct of counsel can, in some instances, justify condoning delays, the litigant bears the burden of proving that they were genuinely misled and unable to pursue their case. The Court emphasized that mere allegations against counsel without substantive proof are insufficient.
It was held that the filing of a complaint was not a justification for the delay of six years, and the litigants could not absolve themselves of their duty to monitor the progress of their cases after entrusting them to their counsel. The Court noted that the litigants cannot allege the counsel for their negligent behaviour for not monitoring and taking prudent and reasonable participation in the case matter, by citing the Supreme Court’s decision in Mrinmoy Maity v. Chhanda Koley.
Case Name:– Rahul Mavai v. Union of India
Case Number:-W.P.(C)-17440/2024
Bench:– Justices C. Hari Shankar and Justice Anoop Kumar Mendiratta