The High Court reduced the cost imposed on the petitioner from Rs.20,000 to Rs.10,000 while affirming the impugned order of the Trial Court. The petition is disposed of in these terms.
Cost imposed upon petitioner reduced from Rs.20,000 to Rs.10,000.
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..... Petitioner Through : Mr.Swastik Singh and Mr.Himanshu Dagar, Advocates.
versus
UOI & ANR
..... Respondents
Through : None.
CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA
O R D E R % 05.12.2018 CM APPL No.50982/2018
Exemption allowed, subject to all just exceptions.
The application stands disposed of. CM(M) 1485/2018
This petition challenge the impugned order dated 02.04.2018 passed by the learned Trial Court whereby while rejecting an application under Section 151 CPC cost of Rs.20,000/- was imposed upon the petitioner.
The learned counsel for the petitioner says the petitioner is a poor man and the filing of the application was primarily based on account of a bonafide mistake, since the record of the case were very old and there was no proper documents to substantiate his pleas and that the petitioner was under a bonafide belief the direction to release 54% of the compensation in favour of the petitioner on furnishing a
bank guarantee has a further condition to keep said amount in FDR by the bank, but whereas no such direction was ever issued.
In view of the submissions so made, since the relief is only restricted towards reduction in the costs, while affirming the impugned order, the cost as imposed is reduced to Rs.10,000/- to be remitted in same ratio as indicated in it within a period of two weeks from today.
The petition stands disposed of in above terms. The pending application also stands disposed of. Order dasti .
YOGESH KHANNA, J.
DECEMBER 05, 2018 M
Surender Kumar Yadav
Union of India & Anr
Yogesh Khanna
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
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