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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Dr. Aakash Varshney – Appellant
Versus
Ms Maharashtra Feeds Pvt. Ltd. & Anr. – Respondents
CM(M) 202 of 2023 & CM APP No. 6118 of 2023
Decided On : 09-02-2023
Interference - Impugned Order - The court declined to interfere with the impugned order but imposed an additional cost on the respondent. Directed parties to complete pleading and filing of documents within the timeline set by the Trial Court and expedite the hearing of the suit.
Fact of the Case:
The court declined to interfere with the impugned order but imposed an additional cost on the respondent. Directed parties to complete pleading and filing of documents within the timeline set by the Trial Court and expedite the hearing of the suit.
Finding of the Court:
The court found that the impugned order need not be interfered with at this stage, but imposed an additional cost on the respondent and directed the parties to adhere to the timeline set by the Trial Court.
Issues:
Ratio Decidendi: The court decided not to interfere with the impugned order, but imposed an additional cost on the respondent and directed the parties to adhere to the timeline set by the Trial Court.
Final Decision: The petition stands disposed of with the directions given to the parties and the Trial Court.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. After some arguments, this Court is of the opinion that the impugned order need not be interfered with, at this stage. However keeping in view the facts and circumstances of the case, cost of Rs.5,000/- as imposed by the learned Trial Court, appears to be on the lower side.
2. In that view of the matter, an additional cost of Rs.5,000/- be paid by the respondent to the petitioner within two weeks from today.
3. The parties are directed to complete all the pleading and filing of documents etc in the timeline as drawn by the learned Trial Court and the learned Trial Court would be at liberty to take necessary steps to ensure that the parties adhere to the timeline so drawn.
4. Learned Trial Court is requested to expedite the hearing of the suit being CS DJ No. 343/2019 titled `Dr Aakash Varshney
vs M/s Maharashtra Feeds Pvt Ltd & Anr.' and endeavor to complete the proceedings within 12 months from today.
5. With the aforesaid directions, the petition stands disposed of.
The court has the discretion to impose additional costs and give directions to the parties and the Trial Court in the interest of justice.
Delay in filing written statements in civil suits may be condoned with reasonable compensatory costs to promote litigation on merits rather than technicalities.
At a nascent stage of a suit, necessary amendments or corrections can be allowed without prejudicing anyone, including the defendant.
Fairness in trial proceedings and providing opportunities for evidence
The court emphasizes the importance of imposing costs to ensure fairness in civil proceedings, modifying previous orders to enhance justice.
The court emphasized expediency and the pending nature of the suit in reaching its decision.
The court has the discretion to set aside the imposition of costs if it deems them to be onerous, considering the circumstances of the petitioner.
Trial courts must prioritize the merits of cases over procedural technicalities, allowing opportunities to present evidence conditioned on fair costs.
A petitioner cannot file a petition after accepting costs paid by the respondent without disclosing this fact, and the Trial Court's exercise of discretion in condoning the delay in filing the applic....
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