A Delhi court finally resolved a 17-year-old commercial dispute involving J&K Bank, highlighting the serious issue of delayed justice. The judge stressed that such delays harm business confidence and the economy.
A Delhi court has finally brought an end to a 17-year-old commercial dispute, highlighting how such long delays in resolving business-related court cases harm the country’s economy.
District Judge Monika Saroha was hearing a case that was originally filed back in April 2008 by a private company against Jammu and Kashmir Bank Ltd.
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The company had approached the court to recover about ₹17.92 lakh, which it claimed was wrongly taken by the bank as a processing fee or upfront charges for a loan.
On May 26, the court passed its judgment and ruled in favour of the bank. The judge said that the plaintiff company could not prove that it had the right to get the processing fee refunded.
Referring to the loan sanction letter, the court observed:
“The defendant bank, having processed the loan application and undertaken significant efforts, is entitled to retain the processing fee as per the original written terms.”
Judge Saroha expressed serious concern over the time the case had taken to reach its conclusion. Although the main issues in the case could have been decided within a few months of its filing, the trial kept getting delayed due to various reasons like repeated adjournments, filing of unnecessary applications, and the plaintiff changing its lawyer several times.
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The judge remarked:
“Such inordinate delays in the adjudication of commercial matters, while undeniably complex, tend to erode the confidence of stakeholders and impede the growth of the economy.”
She further stressed that resolving commercial disputes quickly is not just a technical or legal requirement but a necessary step to ensure that businesses can work with confidence and stability.
The judgment stated:
“The expeditious resolution of commercial disputes is not merely a procedural expectation but a vital necessity for ensuring certainty in business transactions and fostering a conducive economic environment.”
The order also pointed out that both the bank and the private company had spent a lot of money over the years in trying to defend and prosecute this case.
This financial strain, according to the court, is an example of the larger problem faced by many businesses due to slow judicial processes.
The court said:
“This prolonged contest not only imposed a significant financial burden on the parties but also exemplifies the broader malaise of delayed commercial justice, which inevitably has adverse repercussions on the economy at large.”
Judge Saroha concluded by emphasizing the urgent need to improve the judicial system when it comes to commercial disputes.
She said it is essential to reduce unnecessary delays, avoid repeated adjournments, and ensure that all parties involved, including lawyers, act professionally and efficiently.
The judgment noted:
“Both parties, particularly the public sector bank, have undoubtedly borne significant financial and logistical burdens during the pendency of this suit.”
She also expressed hope that future cases would not face similar delays:
“Lessons will be drawn from this experience to prevent similar delays in the future, so that commercial confidence is fortified and economic progress remains unimpeded.”
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