Frivolous Litigation

But the evidence has not turned weak: it was always unsustainable. The chief minister has admitted this, and cited Realpolitik as the real reason for the case the Maharashtra government had earlier brought before the same high court asking it to abrogate the agreement: it was intended to stall the appointment of an arbitrator as required by the power purchase agreement, and to help the government in renegotiating the agreement.

If so, the court should ask itself who is the frivolous litigant. What is worse, the court connived in this trick: instead of throwing out the case immediately, it kept it hanging. So perhaps the ire of Justices Saraf and Rane is entirely justified but should be directed against the government: the least that the government is guilty of, on the basis of its own affidavit, is misuse of judicial machinery.