dismissed the
E.A.No.4 of 2021 on 10.03.2023 with compensatory cost of Rs.50,000/- to be
paid by the petitioner ... without paying the compensatory cost of Rs.50,000/-
imposed by the Trial Court in E.A.No.4 of 2021. The further contention
filing
the written statement can be condoned, however, subject to a
compensatory costs.
11. The Supreme Court in the judgments of Bharat Kalra ... similar issues which were raised and condoned the
delay, subject to compensatory costs.
13. This Court has also considered the medical reports of the
petitioner
Section 172 confers on the Claims Tribunal a
power to award compensatory costs, if it is satisfied
that the policy of insurance is void ... 3695/2015
it restricts the compensatory costs to be awarded to
only Rs.1,000/-. Therefore, the Act provides for taking
action against a party
Division Bench
of this Count in the case of Jamaluddin (supra), compensatory costs has
been directed to be paid to compensate the plaintiff having regard ... cost of Rs. 2,000/-, yet this Court is of the opinion that
the cost as imposed is on the lower side. Further cost
further adjournments in the matter and are directed to
pay compensatory costs to the Respondent for the delay caused in the trial.
3. In reply ... filing the written
statement can be condoned, however, subject to a compensatory cost.
11. The Supreme Court in the judgments of Bharat Kalra
said application filed by
the petitioners/Decree Holders and imposed compensatory
costs of Rs.75,000/-. It is this order which is called in
question ... Holders, the Executing
Court even while rejecting their application has imposed
compensatory costs of Rs.75,000/- and has committed
illegality and irregularity warranting interference
instructions from the Petitioners that the
Petitioners are willing to pay compensatory cost of Rs. 50,000/- to the
Respondent within the time granted ... filing the
written statement can be condoned, however, subject to a compensatory cost.
11. The Supreme Court in the judgments of Bharat Kalra
counsel for the Petitioner states that he is willing to pay
compensatory cost to the plaintiff for the delay cause in filing the written
statement ... filing the written
statement can be condoned, however, subject to a compensatory cost.
11. The Supreme Court in the judgments of Bharat Kalra
imposition of cost & Section 35A of CPC provides for
compensatory cost which reads as under:
"35. Costs. - (1) Subject to such
conditions ... event, the Court shall state
its reasons in writing.
35A. Compensatory costs in respect of
false or vexatious claims or defences
Trial Court. Plaintiff requires to be
compensated by awarding compensatory cost. We
are of the considered opinion that the appeal deserves
to be allowed restoring ... suit to the Trial Court for
adjudication on merits by imposing compensatory
costs.
27. In the result, the following:
R.F.A No.2138/2022
