M/S.S.P.Builders A Registered Partnership v. M/S.Creation A Partnership Firm

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1081 OF 2015 M/s. S.P.Builders ...Appellant V/s.

M/s. Creation & Anr.

...Respondents

.........

Mr. A.K.Chandani i/by R.B.Thorat, Advocates for the Appellant. None for the Respondents.

.......

CORAM : N.M.Jamdar, J.

DATE : 6th April, 2016.

P.C.:

The appellant challenges the order of imposition of cost of Rs.25,000/- by the City Civil Court, Greater Bombay in permitting the Appellant to file Written Statement.

The learned City Civil Court, Greater Bombay has exercised its discretion in recalling the order of 'No WS' on imposition of cost of Rs.25,000/- There is no perversity in the exercise of this discretion. The appellant has availed first part of the liberty by filing Written Statement and cannot now complain of the imposition of cost which is to my mind is not excessive or Shivgan

*2* 19-AO-1081-2015.doc unreasonable.

Appeal is, accordingly, dismissed.

(N.M.Jamdar, J.) Shivgan