Accordingly, the Trial Court held that the defendants were
entitled to compensatory cost and awarded compensatory costs to the
defendants to the tune ... possession filed by the plaintiff, the Trial Court
awarded the compensatory costs to the defendants to the tune of Rs. 5,000/-
against the plaintiff
Section 35-A CPC. Section 35-A of CPC
deals with compensatory costs in respect of false or vexatious
claims or defences. It reads ... under :-
"35-A. Compensatory costs in respect of
false or vexatious claims or defences.- (1) If
in any suit or other proceeding, including
counsel for plaintiff
requests me to consider the possibility of awarding compensatory costs under
Section 35-A of 'The Code of Civil Procedure ... therefore, there is no cap for upper limit with regard to
compensatory costs being awarded.
24 For examining the entitlement of plaintiff for compensatory
costs
Section
28(3) of TM Act.
40. This takes us to compensatory costs that have been contemplated
under Section 35-A of amended ... impose compensatory costs of Rs.10,00,000/- (Rupees Ten Lakhs only) in the
instant case.
Suit is decreed with costs and compensatory costs
usual
residuary limb and therefore, I consider imposing compensatory costs under
Section 35-A of amended 'The Code of Civil Procedure ... been deleted and therefore,
there is no cap with regard to compensatory costs that can be awarded in a
case.
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plaintiff
Mr.Harshavadhan requested this Commercial Division to consider awarding
exemplary/compensatory costs under Section 35-A of 'The Code of Civil
Procedure ... financial cap/upper limit
with regard to awarding of exemplary/compensatory costs.
23. Trajectory of this suit has already been set out supra.
24. Emphasize
plea that
this Commercial Division may please consider imposition of compensatory
costs under Section 35-A of 'The Code of Civil Procedure ... compensatory cost
of Rs.5.00 lakhs (Rupees five lakhs).
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18
42. Suit is decreed with cost and compensatory cost
logical end for a period of two years warrants imposition of compensatory
costs under Section 35-A of amended CPC as amended ... compensatory costs of Rs.2,00,000/- (Rupees Two Lakhs only) in the instant
case would be appropriate.
Suit decreed with costs and compensatory costs
prayer. Learned counsel
requests this Commercial Division to consider awarding
compensatory costs under Section 35-A of CPC as amended by said
Act under ... trajectory of this suit, it becomes a fit case
for awarding compensatory costs. It is also pointed out by learned
counsel that amended Section
residuary limb and
requests this Commercial Division to consider award of compensatory costs
under Section 35-A of amended CPC as amended by the said ... view that compensatory costs of Rs.5 lakhs would be
appropriate.
37. Suit decreed with costs and compensatory costs as set out
supra
