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Can’t use language like ‘Tom, Dick, Harry’ in petition: HC


Team Udayavani, Mar 2, 2021, 6:30 PM IST

New Delhi: The Delhi High Court has expressed displeasure over the usage of sentences like “Tom, Dick and Harry” in a petition raising grievance relating to the National Company Law Tribunal (NCLT) and said such “slang language” is not permissible in the pleadings before a court of law.

The high court, which declined to entertain the petition, said it was refraining from imposing costs at this stage since the petitioner was appearing in person.

Justice Prathiba M Singh said the petitioner appeared to have drafted the petition on his own and perusal of a paragraph showed that “there is slang language being used in the petition”.

“The said paragraph reads as under: ‘(f) The AA / NCLT cannot permit any person – Tom, Dick, and Harry to represent and defend the respondent under section of IBC (Insolvency and Bankruptcy Code), as the rules does not permit it.’ Such language is not permissible in pleadings before the court. Accordingly, this petition is liable to be dismissed,” Justice Singh said.

The petitioner, in his plea, has raised a grievance against the NCLT and the National Company Law Appellate Tribunal (NCLAT) alleging that wrong procedures are being adopted by the said tribunals.

The high court said if the petitioner was aggrieved by any order of the NCLT or NCLAT, he may draft a proper petition and only then file the same.

“At this stage, the petitioner wishes to withdraw the present petition. The petition is dismissed as withdrawn with liberty to avail of his remedies in accordance with law. Since the petitioner is appearing in person, this court is refraining from imposing costs at this stage,” the court said.

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