Second only to criminal and matrimonial cases
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.
Dechen Dolkar from Thimphu