M/S. Icici Bank Limited v. M/S. Hariprasad Gopikrishna Jewellers Pvt Tld

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 958/2016 M/S. ICICI BANK LIMITED ..... Petitioner Through Mr.Punit K.Bhalla & Ms.Chetna Bhalla, Advocates versus M/S. HARIPRASAD GOPIKRISHNA JEWELLERS PVT TLD ..... Respondent Through None.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 23.09.2016 CM No.35232/2016 (exemption) Allowed subject to all just exceptions.

C(M) No.958/2016 & CM No.35233/2016 1.

By the present petition, the petitioner seeks to challenge the order dated 30.08.2016 by which the application filed by the petitioner under Order 7 Rule 11 CPC was dismissed with cost of Rs.20,000/-. 2.

After making some arguments, the learned counsel appearing for the petitioner submits that he would like to withdraw the present petition. He however, requests that three weeks time be granted to the petitioner to file written statement. He also submits that the trial court has erroneously imposed the cost of Rs.20,000/-. He also points out that as per the plaint itself, the basis for filing of the plaint shows that a sum of Rs.11,03,000/- was deposited by the respondent as part processing fee. He further points out CM(M) 958/2016

that as per the documents filed by the respondent themself, the said processing fee was non-refundable. Hence, he submits that it cannot be said that the application of the petitioner was frivolous and imposition of cost was harsh.

3.

The present petition is dismissed as withdrawn. Liberty is granted to the petitioner to file written statement within three weeks from today. In view of the submissions of the learned counsel for the petitioner, the cost is reduced to Rs.10,000/- to be deposited with Delhi High Court Legal Services Committee, New Delhi.

4.

A copy of this order be given dasti under the signature of the court master to the parties.

JAYANT NATH, J.

SEPTEMBER 23, 2016/v CM(M) 958/2016