Madras High CourtCRP/4037/2024dismissed

V. Ramu v. U. Akash Kumar Bokadia

2024-10-03Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

Coram THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Civil Revision Petition No.4037 of 2024 and C.M.P.No.22200 of 2024 V.Ramu, aged 46 years, Orville Travel Services, No.10, Tass Mahal, Montieth Road, Egmore, Chennai 600 008.

..... Petitioner -VersusU.Akash Kumar Bokadia ..... Respondent Petition filed under Article 227 of the Constitution of India, praying to set aside the order dated 05.01.2024 made in I.A.No.7 of 2023 in O.S.No.4021 of 2019 on the file of the learned III Assistant Judge (FAC) IV Assistant City Civil Court at Chennai.

For Petitioner : Mr.Mr.K.P.Chandrasekaran

ORDER

This civil revision petition arises against an order dated 05.01.2024 made by the learned III Assistant Judge (FAC), City Civil Court, Chennai, in I.A.No.7 of 2023 in O.S.No.4021 of 2019.

2. Heard Mr. K.P. Chandrashekaran for the civil revision petitioner.

3. The suit is one for the recovery of money. In the said suit, an application was filed by the civil revision petitioner seeking reopening and recalling of the evidence. The said application stood allowed on condition that the defendant should pay a cost of R.2,000/- on each of the applications to the plaintiff on or before 18.01.2024.

4. Mr. K.P. Chandrashekaran pleads that the imposition of cost is excessive. Hence, this revision.

5. The learned Judge has balanced the interest of the defendant to crossexamine the plaintiff as against the delay that has been caused to the proceedings. In my view, the cost of Rs.2,000/- for each of the applications imposed by the learned Judge of the court below cannot be said to be excessive. The revision is dismissed. The time granted by the court below to pay the cost

having expired, the time granted by the court below is further extended till 04.11.2024 to enable the defendant to comply with the conditional order. No costs. Consequently, connected CMP is closed. Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The III Assistant Judge, City Civil Court, Chennai.

V.LAKSHMINARAYANAN.J., kmk