High Court of DelhiC.R.P./12/2017

Modi Infosol Pvt Ltd v. Tnsi Consultancy Services Pvt Ltd

2017-01-18Hon'Ble Mr. Justice Jayant Nath1 pages

$~A-51 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.R.P. 12/2017 and CM Nos. 2035-36/2017 MODI INFOSOL PVT LTD ..... Petitioner Through Mr. Manvendra Mukal and Mr.Dhananjay Pandey, Advocates.

versus TNSI CONSULTANCY SERVICES PVT LTD..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 18.01.2017 By the present petition filed under Section 115 CPC, the petitioner seeks to impugn the order dated 31.05.2016 by which order the suit of the petitioner was dismissed under Section 35 B CPC on account of nonpayment of cost. The order records the submission of the petitioner that he is not willing to deposit the cost.

Learned counsel for the petitioner submits that the petitioner has always been ready to pay the cost and the order has on account of some confusion mentioned the said statement attributed to the petitioner. The petitioner shall pay the cost as imposed by the trial court and shall also pay an additional cost of Rs. 1,000/-. Subject to payment of these costs, the suit of the petitioner would stand restored. The costs be deposited with the DLSA.

List this matter before the trial court on 02.02.2017. In view of the above, the present petition and all pending applications stand disposed of.

JANUARY 18, 2017/rb JAYANT NATH, J