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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
| 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.
A court's discretion to award costs must be based on clear justification; costs awarded without reasons are unsustainable.
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....
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.
Acceptance of costs under protest creates estoppel, preventing the accepting party from subsequently challenging the correctness of the order associated with those costs.
Costs awarded by the court are discretionary and not subject to taxation after a final order, reinforcing the principle that such orders are not appealable without leave.
The withdrawal of a petition leads to automatic dismissal without any costs ordered.
The court permits withdrawal of petitions under Article 226 without imposing costs.
The court established that costs can be contested separately from the merits of a case, and that prior rulings can influence decisions on cost impositions.
Imposing a cost as a penalty for a genuine mistake in pursuing remedies in a particular court on the assumption of proper territorial jurisdiction is unsustainable in law.
Court permitted withdrawal of writ petition with no order as to costs.
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