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TUSHAR RAO GEDELA
Ajit Saxena – Appellant
Versus
Roshni Rajaram – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 23853/2023
1. Exemption is allowed, subject to all just exceptions
2. The application stands disposed of.
CM(M) 757/2023 & CM APPL. 23852/2023 (Stay)
3. The petitioner challenges the order dated 29.04.2023 in CS DJ ADJ No. 589/2022 titled Roshani Rajaram vs. Ajit Saxena whereby the learned Trial Court had imposed costs of Rs.15,000/- on the learned counsel appearing for the petitioner/defendant.
4. Dr. Amit George, learned counsel appearing for the petitioner/defendant and submits that it is possible that since the counsel for the petitioner was appearing through VC, the communication in respect of the reference to paragraphs 3 and 4 of the replication filed by the respondent/plaintiff may have been taken to be reference to paragraphs 6 and 8 by the learned Trial Court, which is clear from the perusal of the impugned order and in that miscommunication and in addition thereto, the confusion created by the appearance on VC, the learned Trial Court has, in all probabilities, misunderstood the submissions made therein and has imposed costs on the assumption that there is a misdemeanor
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.
At a nascent stage of a suit, necessary amendments or corrections can be allowed without prejudicing anyone, including the defendant.
The court emphasizes the importance of imposing costs to ensure fairness in civil proceedings, modifying previous orders to enhance justice.
Judicial discretion under Article 227 must be exercised sparingly, reaffirming that costs imposed by lower courts for adjournments can be upheld if justified by the conduct of the parties.
The Court reaffirmed that costs imposed for procedural negligence are not appealable and serve to discourage future lapses.
The legal principle established in the judgment emphasizes the importance of valid service of notice and the lack of valid reason for imposing costs.
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.
A court should exercise discretion in imposing costs, especially when initial circumstances change and the claims of the parties are vindicated.
Delay in filing written statements in civil suits may be condoned with reasonable compensatory costs to promote litigation on merits rather than technicalities.
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