Drat Delhi Court May 2005 Judgments

Punjab and Sind Bank Vs. Jefferson Bolts India Pvt. Ltd.

Court: DRAT Delhi

Reported in: III(2005)BC130

1. This Miscellaneous Appeal is directed against the order dated 3.6.2004 made in I.A. 708/2004 by the Presiding Officer, DRT-I, Delhi imposing a cost of Rs. 10,000/-.2. On behalf of the appellant, Mr. Rajeeve Mehra, the learned Counsel for the appellant (plaintiff in the O.A. 876/95) mainly stated that the Tribunal, though competent to impose cost as provided under Section 35-B of the CPC, is not justified in directing the party to remit the same in favour of the Registrar of the very same Tribunal. It is stated by the learned Counsel that the cost so awarded is in the nature of compensatory, and as such the Tribunal could not have directed the cost to be paid by way of demand draft in favour of the Registrar. Counsel drew the attention of this Court to the provisions of Section 35-A of the CPC, and stated that there is no ambiguity in those provisions and, therefore, the order of the Tribunal to the extent of imposing the cost though justifiable, the Tribunal could not have directed...