Repeated, unjustified adjournment requests intended to forestall proceedings while lacking an appellate stay order constitute an abuse of process. Courts may impose exemplary costs to deter such dilatory tactics and protect the integrity and efficiency of the judicial system.

ORDER :

BISWANATH SOMADDER, C.J.

1.This is an application taken out by the writ petitioner (Mani Kumar Subba) on 02^nd April, 2025, praying inter alia for adjournment of the writ petition, being WP(PIL) No. 01/2024, for a period of two weeks from this date (03^rd April, 2025). The reasons in support of his adjournment application appear in paragraph 5 to paragraph 9 of the application, which are set out hereinbelow:-

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5. That however, vide Order dated 12.12.2024, this Hon’ble Court was pleased to dismiss both the Interlocutory Application being I.A. No. 3 of 2024 and I.A. No. 4/2024.

6. That the Petitioner against the Order dated 12.12.2024 has preferred a Special Leave Petition before the Hon’ble Supreme Court of India being SLP (Civil) Diary No. 15942/2025, which was listed on 01.04.2025 as item No. 68, before Court No. 9 of the Hon’ble Supreme Court of India.

7. That however, on 01.04.2025, the SLP preferred by the Petitioner herein was not taken up by the Hon’ble Court due to paucity of time, and the said petition has been directed to be listed next week and is currently shown to be listed tentatively on 15.04.2025, as per the Case Status available on the website of the Hon’ble Supreme Court of India. Annexed hereto and marked as Annexure A-1 is the copy of the Case Status printed from the website of the Hon’ble Supreme Court of India.

8. That the present Application has been necessitated as the adjudication of SLP (Civil) Diary No. 15942/2025 has a direct effect on the outcome and for proper adjudication of the present Writ Petition. It is therefore, humbly prayed that pending the hearing of SLP (Civil) Diary No. 15942/2025 by the Hon’ble Supreme Court of India, the present Writ Petition be adjourned.

9. That if the relief as sought for in the present Application is not granted then grave and irreparable harm would be caused to the Petitioner herein and would render SLP (Civil) Diary No.15942/2025 preferred by the Petitionerherein as infructuous.

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2. We now go back to our last two orders. The first of the two orders is dated04^th March, 2025, which reads as follows:-

“ When the matter is taken up for hearing, the learned Advocate appearing on behalf of the petitioner submits that he has been instructed by his client, Mani Kumar Subba, to pray for an adjournment so that a senior counsel can be engaged to represent his client.

This matter was last heard on 12th December, 2024. Today, we are on 04th March, 2025. In-between, a period of almost three (03) months have elapsed. If the petitioner was serious in engaging a learned senior counsel, he could have done the same within this period of almost three (03) months. The Court’s time is precious and to grant an adjournment on this flimsy ground sends a wrong signal to all those who are seeking justice from this Court. In that view of the matter, subject to payment of exemplary cost assessed at Rs.50,000/- (Rupees fifty thousand only), which shall be deposited with the Sikkim State Legal Services Authority within a period of forty-eight (48)hours, this matter shall stand adjourned for a fortnight.

In default of compliance of above direction, the instant petition shall stand automatically dismissed.

At this juncture, the learned Advocate representing the writ petitioner submits that the costs imposed by this Court may be reduced to Rs.20,000/- (Rupees twenty thousand only). Considering the prayer of the learned Advocate for the petitioner, costs stands reduced to Rs.20,000/- (Rupees twenty thousand only).”

3. Thereafter, the last order in this matter was passed on 18^th March, 2025, which reads as follows:-

“ Pursuant to our last order dated 04th March, 2025, costs imposed by this Court has been paid in cash to the Deputy Secretary, Sikkim State Legal Services Authority, Gangtok. This has been stated in an affidavit of compliance filed by the writ petitioner on 13th March, 2025.

We also notice that on the same date (13th March, 2025), an application for adjo