Union Of India & ORS v. M/S Proxima Steel Forge P Ltd

HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** LPA No.1078 of 2015 (O&M) Date of Decision: 03.08.2015 **** Union of India & Ors.

... Appellants VS.

M/s Proxima Steel Forge P.Ltd.

... Respondent **** CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR.JUSTICE P.B. BAJANTHRI ****

Present:

Mr. IPS Doabia, Advocate for the appellants Mr. Rahul Sharma, Advocate for the respondent **** SURYA KANT, J. (Oral)

(1)
This Letters Patent Appeal is directed against the order dated 27.01.2015 whereby learned Single Judge allowed the respondent's writ petition. The order dated 15.05.2015 dismissing the appellant's review application is also under challenge. While the writ petition was allowed with cost of
10,000/-, the appellants were further directed to deposit
25,000/- towards cost as a preemptory condition for entertaining the review application which was finally dismissed. In this manner, cost of
35,000/- has been levied on the appellant.

(2)
When this appeal came up for hearing on 24.07.2015, we declined to interfere with the order passed by learned Single Judge so far as the acceptance of claim of the respondent was concerned. However, we tentatively viewed that it being a case V.VISHAL 2015.08.24 11:08 I attest to the accuracy and authenticity of this document



    







where interpretation of two notifications was in issue, there was hardly any justification for imposing cost on the appellants. (3)
Upon notice, learned counsel for respondent fairly states that he has no objection if the impugned orders to the extent of imposition of cost are set aside.

(4)
In view of the fair stand taken by learned counsel for respondent, this appeal is allowed in part; the order passed by learned Single Judge dated 27.01.2015 and 15.05.2015 are set aside only to the extent of imposition of cost of
10,000 and/or preemptory cost of
25,000/-. The cost amount, if any, deposited by appellants with the Registry shall be refunded. (5)
Disposed of.













 

 

 

 


      




 
  
  
  
  

 

 

 

 

V.VISHAL 2015.08.24 11:08 I attest to the accuracy and authenticity of this document