GOOLAM E VAHANVATI Vs. ANIL GULABRAI GIDWANI

JUDGEMENT

(1.) This is a petition filed by the Advocate General for the State of Maharashtra under Section 2(1) of the Maharashtra Vexatious Litigation (Prevention) Act, 1971, praying that the Respondent be declared as a vexatious litigant and that he be restrained by an order of this Court from initiating any fresh proceedings against one Smt. Shanta Mhatre (mentioned as "the victim lady" in the petition) and from initiating any further application in any pending matters, without seeking prior permission of this Court.

(2.) This petition is based on the information received by the Petitioner from the said Smt. Shanta Mhatre (hereinafter referred to as "the victim lady") that the victim lady is being continuously harassed by the Respondent who is habitually and without any reasonable ground, instituting various vexatious proceedings, civil as well as criminal, against her. The petition in paragraph No. 1 itself gives the details of the proceedings initiated by the Respondent against the victim lady. The petition states -- on the basis of the information received by the Petitioner from the victim lady -- that the Respondent has been in the habit of using filthy language, making false, baseless and serious allegations against the Judges of the Small Causes Court, Mumbai where an ejectment suit filed by the Respondent against the victim lady is pending. The Respondent is the landlord and the victim lady is his tenant. It is also stated in the petition that in the pending suit between the parties, the Respondent has been continuously filing the applications after applications and has, in the course of argument levelled false, baseless and frivolous allegations against the victim lady using most abusive language against her. The Respondent has not only threatened the Judges of the Small Causes Court, Mumbai but has also cast aspersions on the judiciary by making certain statements before the learned Additional Chief Metropolitan Magistrate, 9th Court, Bandra about "inefficiency of the judicial system" and "leniency shown by the Magistrate towards criminals". It is also stated that inspite of specific warning given by the learned Magistrate, the Respondent continued to make unwarranted statements and therefore, the Magistrate was required to warn him in open Court and by passing an order on 16.01.2003. The petition also states that the victim lady, who is an Advocate, was constrained to give up her practice, having been required to attend the various civil as well as criminal matters filed by the Respondent and due to unnecessary litigations filed against her by the Respondent. The petition also states, that with object of causing undue harassment and humiliating the victim lady, the Respondent has been referring to the victim lady by her earlier name which the victim lady has got changed. The Respondent also filed a false complaint against the victim lady with the Bar Council, which was dismissed. The Respondent has been filing the proceedings against the victim lady with malicious intention and that the applications which he files are false and frivolous. The petition also gives certain details of the proceedings between the Respondent and the victim lady. The petition gives several instances of misbehaviour of the Respondent with the victim lady and consequent harassment caused by the Respondent to the victim lady. After giving these details, the petition states that the Respondent has habitually and without any reasonable ground instituted the vexatious proceedings, civil and criminal, in the Small Causes Court, the City Civil Court and Criminal Courts.

(3.) The petition has been opposed by the Respondent by filing a written reply. The Respondent has denied that he is, habitually and without any reasonable ground, initiating various vexatious proceedings against the victim lady. While denying the averments in the petition to the effect that the Respondent has cast aspersions on the judiciary, the Respondent has stated that "judiciary is perceived as inefficient by most citizens in India" and that "pointing this out is not casting aspersion"; and the Respondent has claimed that the same would be fair and valid criticism which has been allowed under the Constitution of India. The Respondent has undertaken to stand by and prove his statement. The Respondent has denied the allegations levelled against him and has advanced his own version with respect to alleged incidents or happenings. Ultimately, the Respondent submits that none of the proceedings initiated against the victim lady are false. According to him, seeking a legal remedy to counter the continuous violations of the provisions of the Rent Act and the terms and conditions of the tenancy agreement on the part of the victim lady, is a valuable right vested in the Respondent by the Constitution of India and cannot be lightly taken away. The Respondent, thus, prays for dismissal of the petition.