HC raps petitioner for using ‘Tom, Dick and Harry’ in plea

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On Tuesday, the High Court of Delhi pulled up a petitioner for using “Tom, Dick & Harry” in the plea & said such language is not permissible in pleadings before the Court.

A single-Judge bench of Justice Prathiba M Singh was hearing a plea filed by Group Captain Atul Jain against the National Company Law Tribunal (NCLT) & the National Company Law Appellate

Tribunal (NCLAT), on the ground that wrong procedures are being adopted by these tribunals.

The petitioner was appearing in person. The court noted that the petitioner appeared to have drafted the petition on his own.

The Court also noted that a perusal of paragraph 6(f) shows that there is slang language being used in this petition.

The Court noted that “The said paragraph reads as under, ‘(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”.

The Court further said the plea is liable to be dismissed, however, the petitioner later wished to withdraw it.

“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,” the Court said.

The Court added that the petition is dismissed as withdrawn with liberty to avail of his remedies in accordance with the law.

It said that “Since the petitioner is appearing in person, this court is refraining from imposing costs at this stage”.

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