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2021 Supreme(Bom) 1226

G.S.PATEL
Priyanka Communication(india) Pvt Ltd – Appellant
Versus
Tata Capital Financial Services Ltd – Respondent


Advocates appeared:
Premlal Krishnan, Advocate, Dinesh Bhate, Advocate, Birendra Saraf, Advocate, Rohan Savant, Advocate, Sachin Chandarana, Advocate, Chandrajit Das, Advocate

JUDGMENT

G S Patel,J. - This Review Petition was adjourned yesterday at Mr Krishnan's request. He appears for the Review Petitioners (" the Agarwals "). I have heard him at some length this afternoon and, briefly, Dr Saraf for the contesting Respondent (" Tata Financial ").

2. In my view, this Review Petition is not only thoroughly misconceived but is also deliberately mischievous, and quite possibly vexatious. I believe it is precisely the kind of proceeding that the Commercial Courts Act 2015 (" the CCA ") deprecates. It has taken an unconscionable amount of the court's time. The CCA uses the expressions "frivolous claim", "vexatious proceeding" and "wasting the time of the Court". This Review Petition is all three; I will return to this part of the CCA towards the end of this judgment. Apropos the last of these, the phrasing in the CCA is not "taking the time of the Court" but "wasting the time of the Court". The difference is significant: every litigant is entitled to the Court's time. After all, the purpose of a court is to make time for a litigant. But no litigant is entitled to squander or waste the time of the court. That is as unfair to a court as it is to other litigants w

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