Supreme Court - Daily Orders
Life Care Centre vs Pooja Aggarwal on 13 November, 2018
Bench: D.Y. Chandrachud, M.R. Shah
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ITEM NO.12 COURT NO.13 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 29035/2018
(Arising out of impugned final judgment and order dated 13-07-2018
in FA No. 1140/2017 passed by the National Consumers Disputes
Redressal Commission, New Delhi)
LIFE CARE CENTRE & ORS. Petitioner(s)
VERSUS
POOJA AGGARWAL Respondent(s)
(FOR ADMISSION and I.R. )
Date : 13-11-2018 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MR. JUSTICE M.R. SHAH
For Petitioner(s) Mr. Randhir jain, Adv.
Mr. Raghav N., Adv.
Mr. Dhananjai Jain, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Having due regard to the fact that the National Consumer Disputes Redressal Commission (NCDRC) has imposed a direction for payment of costs, in order to allow the belated filing of a written statement, we would have ordinarily not interfered in these proceedings under Article 136 of the Constitution of India. However, we find that the order of costs in the sum of Rs. 1,00,000/- (Rupees One Lakh Only) is disproportionate having regard to the marginal delay and should be accordingly reduced. Though the Signature Not Verified Digitally signed by SUSHIL KUMAR RAKHEJA Date: 2018.11.14 respondent who is the complainant has not been issued notice, we 17:39:28 IST Reason:
propose to reduce the costs in order to obviate any delay in the disposal of the proceedings before the State Consumder Disputes 2 Redressal Commission (SCDRC).
However, we reserve liberty to the respondent to move this Court by filing an I.A. in these proceedings should she be advised to contest the issue of costs.
Reserving liberty to the respondent, we reduce the quantum of costs to Rs. 25,000/- (Rupees Twenty Five Thousand Only) which shall be paid over within a period of two weeks from today. In case the petitioner fails to deposit the costs within the period stipulated, it shall lose the benefit of the present order. Upon the payment of costs, the petitioner shall be entitled to file the written statement in terms of the directions issued by the NCDRC to participate in the proceedings.
The special leave petition is disposed of in these terms. Pending application(s), if any, shall also stand disposed of.
(MANISH SETHI) (SAROJ KUMARI GAUR) COURT MASTER (SH) BRANCH OFFICER