Municipal Corporation Gwalior Penalized for Delaying Court Proceedings
High Court Imposes Personal Costs on Officer-in-Charge for Failing to File Application for Substituted Service
In a significant ruling, the Madhya Pradesh High Court has imposed a financial penalty on the Officer-in-Charge of the Municipal Corporation Gwalior for failing to comply with court directives regarding the filing of an application for substituted service. The judgment, delivered by Justice G. S. Ahluwalia on October 7, 2025, underscores the court’s strict stance on procedural compliance and its intolerance towards disregard for court proceedings.
The case, Municipal Corporation Gwalior v. M/s. Gleg Engineers Pvt. Ltd., involved the Municipal Corporation's inability to serve notice to respondent No.1, M/s. Gleg Engineers Pvt. Ltd., via registered post. Despite significant time being granted, the Corporation failed to file the necessary application under Order 5 Rule 20 of the Civil Procedure Code (CPC) for substituted service through publication.
The High Court had initially allowed the Municipal Corporation a week's time to file the application for substituted service. However, even after more than a month, the Corporation did not file the application. Counsel for the applicant conceded that the Corporation's office is situated within 3 km of the High Court premises, yet the application remained unfiled.
Justice Ahluwalia, expressing disapproval over the Corporation's disregard for court procedures, warned that the failure to file the application could lead to the dismissal of the review petition. Consequently, further time was granted only upon the condition that a cost of Rs. 25,000/- be deposited personally by the Officer-in-Charge, non-reimbursable by the State, underscoring personal accountability in procedural compliance.
The cost was mandated to be deposited in the Registry of the High Court by October 8, 2025, and the application under Order 5 Rule 20 CPC was also to be filed by the same date. The court made it clear that non-compliance with these directives would result in the automatic dismissal of the review petition without further reference to the court.
This judgment highlights the judiciary's emphasis on adherence to procedural rules and the consequences of negligence in legal duties. It also signifies a shift towards holding individuals personally accountable for lapses in official responsibilities, aiming to ensure timely and effective court proceedings.
The case is scheduled for further hearing on October 13, 2025, contingent upon compliance with the court’s orders.
Bottom Line:
Municipal Corporation, Gwalior, failed to file an application under Order 5 Rule 20 CPC for substituted service despite ample time - Court showed its disapproval for disregard to court proceedings - Further time granted only upon imposition of costs to be paid personally by the Officer-in-Charge from his own pocket, non-reimbursable by the State.
Statutory provision(s): Order 5 Rule 20 CPC
