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High Court of DelhiO.M.P. (T) (COMM.)/48/2024

Ms. Sarika Chaturvedi v. Agarwal Auto Traders & ORS.

2024-05-22Hon'Ble Ms. Justice Prathiba M. Singh2 pages

$~2(OS) * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 48/2024 & I.A. 32904/2024 MS. SARIKA CHATURVEDI .....Petitioner Through:

None.

versus AGARWAL AUTO TRADERS & ORS.

.....Respondents Through:

Mr. Hemant Chauhan, Advocate (M9999036345)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 12.07.2024 1.

This hearing has been done through hybrid mode. I.A.32904/2024 (for waiver of cost) in O.M.P.(T)(COMM.)-48/2024 2.

The present application has been moved on behalf of the Respondent No.5- Mr. M.K. Agarwal who is stated to be a partner of Respondent No. 1Agarwal Auto Traders. Vide the present application, Respondent No. 5 seeks waiver of costs in this matter, which was imposed vide order dated 22nd May, 2024.

3.

On 22nd May, 2024 the Court after detailed consideration had imposed a sum of Rs.50,000/- as costs due to the conduct of the Respondent before the Sole Arbitrator.

4.

The stand taken by the ld. Counsel for the Respondent in the present application is that the Respondent was working under legal advice and he had only taken steps as advised by the lawyer. It is also averred that the Respondent is a partnership firm and the Respondent No.5 is a 75 years old senior citizen, who manages the affairs of the firm. 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 19/07/2024 at 15:13:16

5.

Accordingly, by taking a compassionate view, the Court reduces the costs to Rs.20,000/- with the direction that the Respondent shall diligently appear before the ld. Arbitrator and facilitate early conclusion of proceedings.

6.

The matter is stated to be listed before the Sole Arbitrator tomorrow. Let the costs be deposited by tomorrow and the receipt be produced before the Sole Arbitrator.

7.

The application is disposed of in the above terms. PRATHIBA M. SINGH, J.

JULY 12, 2024/dk/rks 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 19/07/2024 at 15:13:16