Supreme Court Imposes ₹50,000 Costs on Food Corporation of India for Filing Frivolous SLP

On December 9, the Supreme Court dismissed a Special Leave Petition (SLP) filed by the Food Corporation of India (FCI) and its Divisional Manager, imposing a cost of ₹50,000 each for misusing the Court’s time. The bench, comprising Justices Bela M. Trivedi and Satish Chandra Sharma, strongly criticized the petitioners for filing a frivolous petition, highlighting procedural lapses and lack of justification for approaching the Court.

Background of the Case

The case involved the FCI challenging a review petition that had been dismissed by the High Court of Tripura, Agartala. This review petition was filed despite an earlier dismissal of SLPs by the Supreme Court on January 4, 2023, against the same High Court judgment dated October 19, 2023. Crucially, the Supreme Court, in its earlier dismissal, had not granted the petitioners any liberty to file a review petition before the High Court.

Despite this, the FCI filed a review petition, which the High Court rejected on July 10, 2024. The FCI subsequently filed the present SLP, which the Supreme Court deemed unwarranted.

Observations by the Court

  1. Criticism of Procedural Misconduct:
    Justice Bela M. Trivedi questioned the legality of filing the review petition without explicit permission from the Supreme Court. She remarked, “How dare you file this? How is the review maintainable? Liberty to approach the High Court should have been obtained.”
  2. Misuse of Court’s Time:
    The bench reprimanded the FCI, stating, “For once, we can understand a private party taking chances, but not the FCI.” The Court emphasized that a public entity such as FCI should not misuse judicial resources.
  3. Denial of Withdrawal Request:
    The counsel for FCI, Purushottam Sharma Tripathi, requested the withdrawal of the SLP, but the Court denied the plea and imposed costs to deter frivolous litigation.

Order and Cost Imposition

The Supreme Court dismissed the SLP with costs of ₹50,000 imposed on both the Food Corporation of India and its Divisional Manager. The amount is to be deposited with the Supreme Court Legal Services Authority.

Case Details

Case Title: The Food Corporation of India & Anr. v. Namita Paul

Diary No.: 50350-2024

Bench: Justice Bela M. Trivedi and Justice Satish Chandra Sharma

Significance

This decision underscores the Court’s disapproval of frivolous litigation, particularly by government bodies, and serves as a caution against procedural lapses. The imposition of costs highlights the importance of judicial discipline and efficient use of legal resources.

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