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High Court of DelhiCM(M)/1485/2018

Surender Kumar Yadav v. UOI & ANR

2018-12-05Hon'Ble Mr. Justice Yogesh Khanna2 pages

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1485/2018 SURENDER KUMAR YADAV ..... Petitioner Through : Mr.Swastik Singh and Mr.Himanshu Dagar, Advocates.

versus UOI & ANR ..... Respondents Through : None.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 05.12.2018 CM APPL No.50982/2018 Exemption allowed, subject to all just exceptions. The application stands disposed of.

CM(M) 1485/2018 This petition challenge the impugned order dated 02.04.2018 passed by the learned Trial Court whereby while rejecting an application under Section 151 CPC cost of Rs.20,000/- was imposed upon the petitioner.

The learned counsel for the petitioner says the petitioner is a poor man and the filing of the application was primarily based on account of a bonafide mistake, since the record of the case were very old and there was no proper documents to substantiate his pleas and that the petitioner was under a bonafide belief the direction to release 54% of the compensation in favour of the petitioner on furnishing a

bank guarantee has a further condition to keep said amount in FDR by the bank, but whereas no such direction was ever issued. In view of the submissions so made, since the relief is only restricted towards reduction in the costs, while affirming the impugned order, the cost as imposed is reduced to Rs.10,000/- to be remitted in same ratio as indicated in it within a period of two weeks from today.

The petition stands disposed of in above terms. The pending application also stands disposed of. Order dasti. YOGESH KHANNA, J.

DECEMBER 05, 2018 M