Back
A. S. CHANDURKAR
Pawan Advertising – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
P.C. :
1. This opinion seeks to resolve the difference that has arisen between the Hon’ble Judges constituting the Division Bench that heard Writ Petition No.10220 of 2024 on the quantum of costs to be imposed on the petitioner. In the said writ petition, an order dated 11th July 2024 passed by the Mumbai Metropolitan Regional Development Authority- MMRDA rejecting the application made by the petitioner for retention of hoardings installed by it was under challenge. By its order dated 24th July 2024, the Division Bench proceeded to dismiss the writ petition after recording a finding that the hoardings installed by the petitioner exceeded the permissible limits as laid down in the statutory guidelines. There was a consensus between the learned Judges that the writ petition was liable to be dismissed with exemplary costs. However, there was a disagreement between them as regards the quantum of costs. Hon’ble M. S. Sonak, J was of the view that imposition of costs of Rs.5,00,000/- would be appropriate. However, Hon’ble Kamal Khata, J was of the view that the costs to be imposed could not be insignificant or trivial. Costs ought to be imposed so as to act as a genuine deterren
Exemplary costs in writ petitions must be reasonable, based on actual gains and misconduct, and not arbitrary figures.
Special costs can be awarded under S.7-B of the Act for frivolous or vexatious applications, emphasizing compensatory nature over punitive intent.
The court established that costs imposed by a Tribunal can be reviewed and set aside if compliance with the Tribunal's orders is demonstrated and the affected party does not insist on the payment.
Non-payment of costs and non-production of documents relied upon in the written statement can lead to the striking off of the defence as per the provisions of Section 35-B CPC and Order 8 Rule 1 A CP....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
