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DELHI HIGH COURT
AMIT BANSAL
Med Freshe Pvt. Ltd. – Appellant
Versus
HLL Infratech Services Limited – Respondent
| Table of Content |
|---|
| 1. procedural nature of amendment pursuant to invoked bank guarantee. (Para 3 , 4) |
| 2. arguments regarding costs and amendment application. (Para 5 , 6) |
| 3. court's dismissal of costs imposition rationale. (Para 7 , 9) |
| 4. setting aside the commercial court's order. (Para 10) |
| 5. conclusion to allow the amended plaint without costs. (Para 11 , 12) |
JUDGMENT
Amit Bansal, J. (Oral)
CM No. 38678/2021 (for exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
CM(M) 957/2021 & CM No. 38679/2021 (for stay)
3. The present petition under Article 227 of the Constitution of India impugns the order dated 1st September, 2021 passed by the District Judge (Commercial Court)-02 in CS(COMM) 176/2019, whereby the application filed on behalf of the petitioner seeking waiver of cost imposed by the Trial Court, while allowing amendment application of the petitioner, has been dismissed.
4. The suit in question was filed on 23rd May, 2019 seeking permanent and mandatory injunction against the invocation of conditional bank guarantee. Vide order dated 30th May, 2019, the Trial Court rejected the plea of the petitioner for grant of interim injunction, to r
A procedural amendment related to a bank guarantee invocation should not incur costs on the petitioner, particularly when necessitated by circumstances beyond their control.
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.
At a nascent stage of a suit, necessary amendments or corrections can be allowed without prejudicing anyone, including the defendant.
The court affirmed the principle that discretionary orders regarding costs by lower courts should not be interfered with unless shown to be excessive or unjust.
The Court upheld the Trial Court's jurisdiction to impose costs for seeking adjournment and for delay in filing the written statement, and deemed the petition under Article 227 of the Constitution of....
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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