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2012 Supreme(SC) 206
2012 (2) Supreme 569
SUPREME COURT OF INDIA
H.L. Dattu and Chandramauli Kr. Prasad, JJ.
Union of India & Ors. — Appellants
versus
M/s. Champion Photostat Indusl.Corp. — Respondent
Civil Appeal No. 2699 of 2012
(@ Special Leave Petition(C)No.1685 of 2012)
Decided on : 2-3-2012
Headnote:Code of Civil Procedure, 1908 – Section 35 – Costs should be imposed judiciously. (Para 6)
Facts of the case:
This is an appeal against cost imposed by the High Court.
Finding of the Court:
The cost imposed is not proper.
ORDER
1. Notice.
2. Shri S.K.Bagaria, learned senior counsel appears and accepts notice for respondent-caveator.
3. Leave granted.
4. We have heard learned counsel for the parties to the lis.
5. The Union of India, in this appeal is primarily aggrieved by the order passed by the High Court in imposing exemplary costs on two officers, namely, Shri Ranjit Singh and Shri Lakshay Kumar.
6. Shri Bagaria, learned senior counsel appearing for the sole respondent would submit that in the facts and circumstances of the case, the High Court ought not to have imposed any costs. The statement of the learned senior counsel appears to be very fair and requires to be accepted. Therefore, the appeal is allowed to the extent of waiving of costs imposed on the two officers and to that extent the impugned judgment and order of the High Court is set aside.
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