Shri Shiv Kumar v. Shri Satish & Ors

JUDGMENT TUSHAR RAO GEDELA, J. (ORAL)

[ The proceeding has been conducted through Hybrid mode ]

¶1Exemption is allowed, subject to all just exceptions. CM APPL. 28464/2023 (for exemption)

¶2The application stands disposed of.

¶3Ms. Pooravashi Kalra, learned counsel appears for the petitioner CM(M) 894/2023

CM(M) 894/2023

and submits that the only relief that the petitioner seeks in the present petition, is restricted to setting aside of the costs of Rs. 15,000/-, which was imposed upon the plaintiff.

¶4The petitioner was stated to have been taking care of a family member and on that account the petitioner could not be present before the learned Trial Court.

¶5Mr. Singh, learned counsel appearing for the respondent Nos. 1 and 2 submits that the order is complete in all respects and a detailed one and keeping in view the past conduct of the petitioner, is sustainable in law.

¶6This Court has considered the submissions of the learned counsel for the parties and it appears that the imposition of costs of Rs. 15,000/- in the present case is onerous.

¶7Accordingly, the imposition of costs are set aside, without any objections on merits.

¶8In view of the above terms, the present petition is disposed of.

¶9It goes without saying that the application seeking restoration of the plaint be taken up by the learned Trial Court in all earnest on the next date of hearing and dispose it of at the earliest.

TUSHAR RAO GEDELA, J. MAY 29, 2023/nd

CM(M) 894/2023 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 29.05.2023 + CM(M) 894/2023 SHRI SHIV KUMAR ..... Petitioner versus SHRI SATISH & ORS. ..... Respondents HON'BLE MR. JUSTICE TUSHAR RAO GEDELA Advocates who appeared in this case: For the Petitioner : Mr. Ishan Sanghi, Ms. Sagrika Wadhwa and Ms. Pooravashi Kalra, Advocates. For the Respondents : Mr. Avtar Singh, Advocate for R-1 and R-2. CORAM: