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Petitioner Pulled Up for using “Tom, Dick & Harry” in plea by Delhi HC

By Tanya Sehrawat      04 March, 2021 03:22 PM      0 Comments
Petitioner Pulled Up for using “Tom, Dick & Harry” in plea by Delhi HC

In a recent case, the Petitioner was upbraided by the Delhi High Court on Tuesday, (March 2, 2021) over usage of phrases like “Tom, Dick & Harry.” The court said that such language must not be used in pleadings before the court of law. 

The plea was being heard by a single-judge bench of Justice Pratibha M Singh. It was filed by Group Captain Atul Jain against the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal on the ground that these tribunals were following the wrong procedures. 

It appeared to the court of law that the petitioner drafted the petition on his own. The court the usage of the slang language, "The said paragraph reads as under, 6(f) The AA/NCLT cannot permit any person - Tom, Dick, & Harry' to represent & defend the respondent u/s-7 of IBC, as the rules do not permit it.” 

Along with this, the court also stated the plea is liable to be dismissed which was followed by the Petitioner’s wish to withdraw the same. 

The court said, "such language is not permissible in pleadings before the court. Accordingly, this petition is liable to be dismissed. If the petitioner is, aggrieved by any order of the NCLT or NCLAT, he may draft a proper petition & only then, file the same." 

Lastly, the court said since the Petitioner exercised his remedies in order to withdraw, the petition is thereby dismissed. It also said, "Since the petitioner is appearing in person, this court is refraining from imposing costs at this stage".

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