Bombay HC Criticizes Govt’s ‘Ease of Doing Business” as it Addresses Cases Backlog

The Bombay High Court recently commented on the Central government’s “ease of doing business” initiatives, highlighting that it was the government itself that often sought adjournments and had a significant presence as a litigant in court cases.

A division bench comprising Justices Gautam Patel and Kamal Khata made these remarks during the hearing of a 2016 petition filed by Ramkali Gupta concerning property-related matters.

The bench expressed astonishment that Gupta’s petition had been pending for seven years, with adjournments requested by the Union government since June of this year to facilitate the appearance of the additional solicitor general. The court noted that it had frequently heard the Union government’s concerns regarding case backlog, frequent adjournments, and the impact on the “ease of doing business.”

The court emphasized that the government itself was the largest litigant and often sought adjournments, as exemplified by the present case. It criticized the Union government’s conduct in this matter, stating that it fell short of expectations.

While acknowledging that the additional solicitor general cannot appear in every case involving the Union of India, the court suggested that there should be competent advocates in the office who could assist in handling such matters. The court stated that the petition’s subject matter was specific and warranted a final resolution at the admission stage, expressing strong displeasure with repeated adjournment requests.

The bench adjourned the plea for the last time as a courtesy to the additional solicitor general.