Shyam Sunder Malhotra vs National Small Scale Industries ...
2010 Latest Caselaw 1615 Del

 *                      IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      C.M. (Main) No.434 of 2009 & C.M. Appl. No.6754 of 2009

%                                                                               22.03.2010

         SHYAM SUNDER MALHOTRA                              ......Petitioner
                           Through: Mr. A.K. Sharma, Advocate.

                                            Versus

         NATIONAL SMALL SCALE INDUSTRIES CORP. LTD.          ......Respondent
                            Through: Mr. A.K. Thakur, Advocate.

                                                         Date of Reserve: 12th March, 2010
                                                          Date of Order: 22nd March, 2010

         JUSTICE SHIV NARAYAN DHINGRA

1.       Whether reporters of local papers may be allowed to see the judgment?

2.       To be referred to the reporter or not?

3.       Whether judgment should be reported in Digest?

                                       JUDGMENT

1. By this petition, the petitioner has assailed an order dated 16th April, 2009

whereby an application of the petitioner for waiving of cost was dismissed.

2. An application of the petitioner under Order IX Rule 7 CPC praying for setting

aside ex-parte order dated 26th February, 2007 was allowed by the trial court, subject to

cost of Rs.20,000/-. The petitioner did not pay cost and wanted to file written statement.

The trial court imposed additional cost of Rs.5,000/- and the total cost became

Rs.25,000/- and it observed that the payment of cost would be a condition precedent to

filing of written statement. The petitioner argued before the trial court that the trial court

had power to impose a maximum cost of Rs.3,000/-. The trial court considered this

argument and observed that the limit of Rs.3,000/- was there only where costs were

imposed under Section 35A CPC. However, there was no limit of Rs.3,000/- where cost

was imposed under Section 35B CPC. Since in this mater the cost was imposed under

Section 35B CPC, the trial court dismissed the application for waiving of cost.

3. I find no reason to entertain a petition against imposition of cost, however,

considering the fact that initially trial court had imposed cost of Rs.20,000/- and later on

enhanced it to Rs.25,000/- due to non-deposit of cost and presenting written statement

without payment of cost, it is directed that the cost of Rs.20,000/- as imposed by the trial

court initially would meet the ends of justice and in case, the petitioner pays this cost

within one week from today, he be permitted to file written statement.

4. With this direction, this petition is disposed of.

SHIV NARAYAN DHINGRA J.

MARCH 22, 2010 'AA'