High court pri­or­i­tizes mone­tary cases

Sec­ond only to crim­i­nal and mat­ri­mo­nial cases

Business Bhutan - - Nation - Dechen Dolkar from Thim­phu

The com­mer­cial bench of Thim­phu dis­trict court recorded 205 mone­tary cases from Fe­bru­ary till June this year while 35 mone­tary cases are pend­ing with the high court as of now.

High Court Drang­pon Lungten Dub­jur said that with in­creas­ing mone­tary cases in the coun­try, the court ac­cords pri­or­ity to loan and mone­tary cases, sec­ond only to crim­i­nal and mat­ri­mo­nial cases.

The Drang­pon said that the num­ber of com­mer­cial cases has been in­creas­ing over the years ow­ing to de­vel­op­men­tal ac­tiv­i­ties re­sult­ing in con­struc­tions dis­putes.

“Hence the court now needs to pri­or­i­tize cases in­volv­ing money, in­ter­est and public fund­ing.”

How­ever, ac­cord­ing to the Drang­pon, in ab­sence of spe­cial­ized courts in other dzongkhags, the court’s top pri­or­ity is still crim­i­nal cases be­cause it deals with peo­ple who are un­der trial and pre-trial de­tainees and con­cerns the ex­pe­di­tious trial in way of pro­tect­ing their rights with­out de­lay.

Next in line comes fam­ily dis­putes and mat­ri­mo­nial cases mainly be­cause it con­cerns cus­tody of chil­dren and their rights, then mone­tary cases.

Most mone­tary cases are con­trac­tual dis­putes be­tween the govern­ment and con­trac­tors, con­trac­tors and sub-con­trac­tors, and cases in­volv­ing fi­nan­cial in­sti­tu­tions and pri­vate money lenders.

Though the ma­jor­ity of cases are solved in dis­trict and dungkhag courts, many peo­ple ap­peal to the high court with the in­ten­tion to pro­long pay­ments, said the Drang­pon, adding that the court faces chal­lenges to solve the cases promptly when par­ties con­cerned do not have records and writ­ten doc­u­ments as ev­i­dence.

Drang­pon Lungten Dub­gyur re­vealed that mone­tary cases for big com­pa­nies are still pend­ing in the high court due to lack of strong ev­i­dence. “But we do not not keep the cases pend­ing for more than one year.”

Pri­vate money lend­ing needs to be se­cured with col­lat­eral in case bor­row­ers ab­scond, he ad­vised. The court can pass ex­parta judg­ment or judg­ment passed in the ab­sence of one party.

Newspapers in English

Newspapers from Bhutan

© PressReader. All rights reserved.