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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Dilpreet Singh - Appellant
Versus
Kingson Gogia - Respondent
CM(M) 381 of 2022 & CM Appl. 19848 of 2022
Decided On : 26-04-2022
Important Points
Subject
Civil Law - Costs
Headnote
Facts of the case:
The petition challenges an order for costs of Rs.25,000/- imposed on the withdrawal of an application in an ongoing suit.
Findings of Court:
The order imposing costs without reasons cannot be maintained and is quashed.
Issues: Whether the imposition of costs was justified given the circumstances of the withdrawal of the application.
Ratio Decidendi: The court emphasized that costs must be awarded with an accompanying rationale, and such a lack of justification invalidates the order.
Result: Petition allowed.
| Table of Content |
|---|
| 1. petition against cost award details. (Para 1 , 4) |
| 2. court discretion in awarding costs. (Para 2 , 3 , 6 , 7) |
| 3. order for costs quashed. (Para 8 , 9) |
JUDGMENT
1. This petition is preferred only against award of costs of Rs.25,000/-, by the learned JSCC/ASCJ/GJ (West), Tis Hazari Court, vide order dated 29th January, 2022 in CS 9196/2016.
2. While it is always a matter of discretion of a court to award or not to award costs in a matter, costs cannot be mechanically awarded.
3. Any award of costs has to be informed by reasons for doing so.
4. The impugned order dated 29th January, 2022 has been passed on an application filed by the petitioner which the petitioner sought leave to withdraw.
5. The learned JSCC/ASCJ has permitted withdrawal of the application subject to payment of costs of Rs.25,000/-.
6. To my mind, such an order, without any indication as to why costs was being imposed, cannot sustain.
7. Accordingly, given the nature of the dispute, I do not deem it necessary to keep this petition pending.
8. The direction for payment of costs as contained in the order dated 29th January, 2022 is quashed and set aside.
9. The petition is allowed accordingly.
