The High Court of Himachal Pradesh, in a civil revisional matter, directed the respondent to pay the petitioner Rs. 10,000 as compensation following the setting aside of an exparte order, dismissing the original suit without costs.
Respondent directed to pay Rs. 10,000 to the plaintiff within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CR No. 100 of 2009 Decided on: 1.12.2010
M/s Malhotra Medical Store
…Petitioner
Versus
M/s Abhinav Associates
…Respondent.
Coram:
The Hon’ble Mr. Justice Rajiv Sharma, Judge.
Whether approved for reporting?1 . No
For the petitioner : Mr. G.R. Palsra, Advocate. For the respondent : Mr. Bimal Gupta, Advocate.
Rajiv Sharma, Judge (Oral) :
Mr. G.R. Palsra, learned counsel for the petitioner submits that while passing the order dated 9.6.2009, learned Civil Judge (Senior Division) Mandi has not even awarded any cost. Mr. Bimal Gupta, learned counsel for the respondent submits that he has no objection, if reasonable amount is fixed.
1 Whether the reporters of the local papers may be allowed to see the judgment? No
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plaintiff by the next date of hearing. The parties are directed to appear before the Trial Court on 21.12.2010. No costs.
(Rajiv Sharma), Judge
December 1, 2010
(K. Attri)
2 issues framed by the court
Whether the plaintiff should be awarded compensation after an exparte order was set aside?
What amount should be fixed as compensation for the plaintiff?
M/s Malhotra Medical Store
M/s Abhinav Associates
Rajiv Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
