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High Court of DelhiCM(M)/574/2025

Sudha Chadha v. M S India Sotheby S International Realty & ANR.

2025-03-28Hon'Ble Mr. Justice Manoj Jain2 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 574/2025, CM APPL. 18132/2025 & CM APPL. 18133/2025 SUDHA CHADHA .....Petitioner Through:

Mr. Mudit Gupta with Mr. Siddhant Kumar, Advocates.

versus M S INDIA SOTHEBY S INTERNATIONAL REALTY & ANR. .....Respondent Through:

Ms. Akanksha Kaul with Mr. Aman Sahani, Ms. Rhea Borkotoky and Ms.

Ashima Chopra, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 28.03.2025 1.

After hearing arguments for some time, learned counsel for petitioner seeks to withdraw the present petition while reserving his rights and contentions. He, however, submits that it was not a case where the application under Order VII Rule 11 CPC had been moved with any intention of delaying the trial. He submits that there was no ulterior objective involved and defendant had merely availed legal right available to her. 2.

He, therefore, submits that in view of the above, the imposition of the cost of Rs. 50,000/-, while dismissing such application, seems unfounded, unwarranted and excessive. It is, therefore, prayed that cost may be either reduced or waived, substantially.

3.

Learned counsel for respondent who appears on advance notice through video conferencing, leaves it to the discretion of the Court to pass appropriate order with respect to cost.

4.

In view of the above statement made by the learned counsel for petitioner, the present petition is disposed of as not pressed. Simultaneously, CM(M) 574/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/04/2025 at 14:35:23

the cost stands reduced from Rs.50,000/- to Rs.15,000/-. 5.

The present petition, along with pending applications, stands disposed of in aforesaid terms.

MANOJ JAIN, J MARCH 28, 2025/sw/SS CM(M) 574/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/04/2025 at 14:35:23