One of the examples cited as an abuse of the process of Court is re-litigation. It is contrary to justice and public policy for a party to re-litigate the same issue which has already been tried and decided earlier against him.

Recently, Messer Holdings Ltd. v. Shyam Madanmohan Ruia, [Special Leave Petition (Civil) 33429 of 2010] was considered a “classic example of the abuse of the Judicial Process by unscrupulous litigants with money power, all in the name of legal rights by resorting to half-truths, misleading representations and suppression of facts.” The case also served as proof of the abuse of the Discretionary Jurisdiction of the SC under Article 136 “by the rich and powerful”.

A Bench of J. Chelameswar and Abhay Manohar Sapre, JJ. thus deemed it appropriate “to impose exemplary costs quantified at Rs. 25,00,000/- (Rupees Twenty Five Lakhs only)” to be paid by each of 3 parties concerned to National Legal Services Authority, as compensation for the loss of Judicial Time of this Country.