Delhi High Court - Orders
Sanjeev Kumar Dawar vs Sunil Kumar Dawar & Ors on 28 March, 2022
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~39(Appellate Side-2022 List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 276/2022&CM APPL. 15058/2022
SANJEEV KUMAR DAWAR ..... Petitioner
Through: Mr. Kunal Kaushik, Adv.
versus
SUNIL KUMAR DAWAR & ORS. ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R (O R A L)
% 28.03.2022
CM(M) 276/2022
1. This petition, under Article 227 of the Constitution of India, impugns an order, dated 16th December, 2021, passed by the learned Additional District Judge ("the learned ADJ"), on an application under Order IX Rule 13 of the (who was Defendant 2 before the learned ADJ) to the extent it directs the petitioner to pay costs of ₹25,000/- for allowing of his application. The learned ADJ has directed the costs to be deposited with the Army Welfare Fund Battle Casualties Accountno.90552010165915, Syndicate Bank, Branch South Block, Defence HQ,New Delhi-01, IFSC Code, SYNB0009055, Branch Code 9055.
2. Though the contention in the petition is that the notice of the date of hearing when the matter was held ex parte against the Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CM(M) 226/2021 Page 1 of 2 Signing Date:30.03.2022 11:30:28 petitioner was not received by him, on the Court expressing doubts as to whether the dispute such as this could merit interference by the Court in exercise of its jurisdiction under Article 227 of the Constitution of India, Mr. Kunal Kaushik, learned Counsel for the petitioner, on instructions, seeks a reduction of the costs imposed by the learned ADJ.
3. After considering the circumstances of the case, the petition is disposed of reducing the costs imposed by learned ADJ to₹10,000/ -, to be deposited in Army Welfare Fund Battle Casualties Accountno.90552010165915, Syndicate Bank, Branch South Block, Defence HQ,New Delhi-01, IFSC Code, SYNB0009055, Branch Code 9055.
4. In as much as the costs were directed to be paid to theArmy Welfare Fund Battle Casualties Account and not to the plaintiff in the suit, I do not deem it necessary to issue notice and keep this matter pending on the Board of this Court.
5. The petition stands allowed to the aforesaid extent.
C.HARI SHANKAR, J MARCH 28, 2022 SS Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CM(M) 226/2021 Page 2 of 2 Signing Date:30.03.2022 11:30:28