Krishna Anna Nalawade v. Sajjangadh Education Trust through Its President Pralhad Devrao Jadhav
Civil Appellate Jurisdiction – Writ Petition
Case brief
What is this about?
Bombay High Court, Writ Petition No.4307 of 2024, decided 20 March 2025 by M. M. Sathaye, J. Krishna Anna Nalawade v. Sajjangadh Education Trust. Costs of Rs.1,50,000/- imposed as condition for setting aside ex-parte decree dated 03/07/2015 (decree for Rs.9,50,000/- with interest) held prima facie disproportionate and without recorded reasons; costs clause set aside; quantum of costs remitted to Trial Court (Notice of Motion No. 2062 of 2022 in S.C. Suit No. 1107 of 2013) for fresh determination by reasoned order within 8 weeks; restoration of suit upheld; no statutes or precedents cited.
What did the court decide?
Clause 2 of the impugned order imposing costs as a condition for restoration of the suit is set aside; the motion is restored to the Trial Court only for consideration of appropriate costs, to be fixed by a reasoned order after hearing both parties within 8 weeks; the restoration of the suit is not interfered with and rival contentions on the quantum of costs are kept open.