Delhi High Court - Orders
Idfc First Bank Ltd vs Ajay Kumar Gandhi on 19 May, 2022
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2848/2019 & CRL. M.A.9797/2022
IDFC FIRST BANK LTD. ..... Petitioner
Through: Ms. Chetna Bhalla, Advocate
versus
AJAY KUMAR GANDHI ..... Respondent
Through: Mr. Abhishek Kumar Jaiswal,
Advocate
CORAM:
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 19.05.2022
1. The present petition has been filed under Article 226/227 of the Constitution of India read with Section 482 Cr.P.C. for impugning the order dated 22.07.2019 passed by the MM-01(NI ACT) Central, Tis Hazari Courts, Delhi in the case titled as IDFC Bank Ltd. vs. Ajay Kumar Gandhi in CS No.5121/2017 (Capital First vs. Ajay Kumar Gandhi).
2. The petitioner filed the complaint under Section 25 of Payment and Settlement System Act, 2017. It is reflected from the impugned order dated 22.07.2019 that the conduct of the petitioner in institution of the complaint without clarifying the payments/amount was negligent and has caused harassment to the accused.
3. The complaint was ordered to be dismissed as not maintainable and costs of Rs.2,00,000/- was imposed upon the complainant/petitioner.
4. The counsel for the petitioner argued that the imposition of the costs was without any justification and is also exorbitant. The counsel for the Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:23.05.2022 12:19:27 respondent argued that the Trial Court has rightly imposed the costs of Rs. 2,00,000/- as the petitioner without verifying the factum of the payment filed the complaint which has caused mental pain and agony to the respondent.
5. With the consent of the parties, the costs is reduced to Rs. 50,000/- which shall be payable by the petitioner to the respondent within two weeks from today in the account of the respondent. The respondent shall furnish details of bank account to the petitioner within 3 days.
6. The petition alongwith pending application, if any, stands disposed of.
SUDHIR KUMAR JAIN, J MAY 19, 2022 j Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:23.05.2022 12:19:27