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TUSHAR RAO GEDELA
Intermolde India Through Its Sole Proprietor Sh Jk Srivastava – Appellant
Versus
Supreme Industries Ltd. – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 6304/2023 (for exemption)
1. This is an application seeking exemption from filing certified copies of the annexures.
2. Exemption is allowed, subject to all just exceptions.
3. The application stands disposed of.
CM(M) 211/2023 & CM APPL. 6303/2023 (Stay)
4. The petitioner challenges the orders dated 06.12.2022 and 22.12.2022 passed by the Executing Court in Ex.799/2018 titled `M/s Supreme Industries Ltd. vs. M/s Intermolde India' whereby the learned Trial Court, on the failure of the petitioner/JD to comply with its own undertaking, had imposed cost of Rs.5,000/- for each day of delay in compliance of the undertaking w.e.f. 07.12.2022 onwards.
5. Mr. Anup Kumar, learned counsel for the petitioner vehemently argued that there is no provision under Order 21 of CPC whereby the learned Trial Court could have imposed such cost.
6. Mr. Kumar, learned counsel submits that there are other measures that the Executing Court could have taken to ensure compliance but the order of payment of cost per day of delay was not within its jurisdiction.
7. This Court has perused the orders dated 0
Delay in filing written statements in civil suits may be condoned with reasonable compensatory costs to promote litigation on merits rather than technicalities.
The main legal point established in the judgment is the need to prioritize hearing matters on their merits rather than dismissing them on mere technicalities.
Court orders must be strictly adhered to, and negligence in compliance can lead to additional penalties.
The court emphasizes the importance of imposing costs to ensure fairness in civil proceedings, modifying previous orders to enhance justice.
Award of cost – Provisions of Sections 35 and 35A CPC do not in any way affect wide discretion vested in by High Court in exercise of its inherent power to award costs in interests of justice in appr....
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